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FACTORY  LAWS 


OF 


WISCONSIN. 


1901. 


JBureau  of  Labor  and  Industrial  Statistics , 

MADISON,  AVIS. 


TABLE  OF  CONTENTS, 


ANALYSIS  OF  POWERS  AND  DUTIES  OF  COMMISSIONER 
OF  LABOR,  FACTORY  INSPECTOR  AND  ASSISTANT 
FACTORY  INSPECTORS. 


ft 


y 

di 

3 

rn 

r 


Page. 

Summary  of  laws  which  in  express  terms  prescribe  duties  or 

confer  powers  on  bureau  officers .  5 

Office  of  Bureau  of  Labor— supplies .  11 

Appointment  of  commissioner  and  assistants .  11 

Commissioner’s  general  duties .  11 

Bureau  officers— Right  to  enter  and  inspect .  12 

Examination  of  hotels,  etc .  13 

Posting  laws .  .  13 

Protection  of  employees . * . 13 

Penalty  for  refusal  to  admit .  15 

Blank  forms  to  be  filled  out  by  employers .  15 

Bureau  seal  —  oaths  —  witness  fees  . . .  15 

Commissioner’s  report . 16 

Duty  of  District  Attorney  .....  .  16 

Hours  of  labor  for  women .  16 

Hours  labor  where  no  contract .  17 

Child  labor .  17 

Compulsory  education .  22 

Fire  escapes  —  requirements .  22 

Seats  for  female  employees .  29 

Overcrowding  employees .  29 

Safe-guards  for  employees . .....: .  29 

Emei’y  and  other  polishing  wheels  —  suction  devices -  31 

Inspection  of  scaffolding  and  other  building  devices  ....  35 

Temporary  floors  required .  .  3 7 

Preservation  of  public  health .  38 

Garment  making  in  tenements  and  dwellings .  38 

Sweat-shops  (so  called)  regulation .  38 

Cigar  making  —  regulation .  45 

Board  of  health  — abatement  of  nuisances;  regulating 
sanitary  conditions .  47 


El. 


4 


State  free  employment  offices . '. . . 

Regulation  of  employment  and  intelligence  offices. . 

Regulating  payment  of  wages . 

Labels,  trade  marks  and  brands . 

Prohibiting  discrimination  against  labor  organizations. 

Employment  of  labor  —  act  regulating . 

Protection  of  street  car  line  employees . 

Combinations  to  injure  business..  . 

Blacklisting  and  coercion  of  employees . 

Preventing  pursuit  of  work . 

State  Board  Arbitration  and  Concilation . 

Local  Boards  Arbitration . 

Synoptical  index  of  acts  affecting  factories  and  work 

shops . 

Synoptical  index  of  emery  wheel  act . 

Synoptical  index  of  garment  making,  etc.  (so  called 

sweat  shop  act)  in  tenements  and  dwellings . 

Synoptical  index  of  act  relating  to  cigar  and  cigarette 

making . 

Synoptical  index  of  acts  affecting  hotels,  lodging,  board¬ 
ing  and  tenement  houses . 

Synoptical  index  of  acts  affecting  mercantile  establish¬ 
ments  . .• . 

Synoptical  index  of  acts  affecting  opera  houses,  halls, 
schools,  office,  storage,  churches  and  other  public 

buildings . 

Synoptical  index  of  act  establishing  free  employment 
offices .  . 


5a 

56 

59 

60 
65 

65 

66 
67 
67 
69 
69 
71 

75 

77 

78 
82 
86 
88 


89 


91 


—5— 


SUMMARY  OF  LAWS 

Delegating  Powers  and  Prescribing  Duties  cf  Commissioner  of 
Labor  and  Deputy  Commissioner,  Factory  Inspector  and 
Assistant  Factory  Inspectors. 

Note.— Where  the  state  Jaws  in  express  terms  confer  powers 
upon  or  prescribe  duties  for  the  above  officers  the  provisions 
have  been  incorporated  in  the  following  analysis. 


* 


References. 


CO 


Wis.  Statutes 
and  session 
laws. 


®  a 

Hr.  H 


be 

CB 

P- 1 


POWERS. 

Commissioner.  May  prescribe  blank  forms 
and  transmit  them  to  employers  to  be  filled 
out  under  oath  and  returned  to  him . 


§1021  i. 


15 


May  appoint  deputy,  clerks,  factory  in¬ 
spector  and  assistant  factory  inspectors. .. 


Commissioner  or  Deputy.  May  administer 
oaths,  take  testimony  and  subpoena  wit¬ 
nesses  . 


t021d 


amended  bv 
Ch.  152,  L.  ’99, 
and  Ch.  409, 
L.  ’01. 


11 


§1021j. 


15 


Commissioner ,  Deputy  or  Factory  Inspec¬ 
tors.  May  enter  any  factory,  mercantile 
establishment  or  workshop  to  obtain  facts 
and  to  examine  means  of  escape  from  fire 
and  provisions  made  for  health  and  safety, 
and  for  seats  for  females . 

May  examine  hotels  and  lodging  or  board¬ 
ing  houses  to  see  if  equipped  with  fire  es¬ 
capes  and  may  post  in  such  places  the  laws 
relating  to  fire  escapes  with  his  official 
statement  as  to  whether  such  laws  are 
complied  with . . 


§1021f 

amended  by 
Ch.  158,  L.  ’99. 


§1021g. 


12 


13 


May  post  up  in  any  factory  or  workshop 
any  laws  relating  to  matters  pertaining  to 
health  and  safety  of  artisans  or  that  ele¬ 
vators  are  unsafe  and  may  order  danger¬ 
ous  machinery  enclosed  or  guarded . 


§1021h. 


13 


May  demand  to  be  shown  affidavits  re¬ 
quired  by  this  act  for  children  under  six¬ 
teen  . 


Laws  of  ’01 
Ch.  182,  sec.  2. 


18 


SUMMARY  OF  LAWS  -  Continued. 


References. 

• 

Wis.  Statutes 

4^ 

+*  <D 

fl 

• 

and  session 
laws. 

as 

Oh  0, 

May  demand  inspection  of  register  of 
names  and  addresses  required  to  be  kept 
and  may  visit  and  inspect  all  places  cov¬ 
ered  by  this  (child  labor;  act . 

May  demand  physician’s  certificate  of 
physical  fitness  from  those  who  seem  unfit 
to  work . 

May  in  their  descretion  issue  permit  to 
minors  over  twelve  under  conditions  herein 
named . 

May  file  charges  against  any  district  attor¬ 
ney  who  refuses  or  neglects  to  do  his  duty 
as  herein  stated  . 


Laws  of  ’01 
Ch.  182,  sec.  4. 


Laws  of  ’01 
Ch.  182,  sec.  5. 


Laws  of  ’01 
Ch.  182,  sec.  6. 


§10211. 


19 


19 


19 


16 


Commissioner  and  Factory  Inspectors.  May 
require  necessary  changes  or  any  process 
of  cleaning,  painting  or  white-washing  in 
rooms  under  this  act  that  they  deem  es 
sential  to  assure  freedom  from  stench, 
filth  and  vermin  or  any  condition  liable  to 
impair  health  or  breed  disease . 

May  issue  special  written  permits  as  here¬ 
in  required  to  regulate  number  of  em¬ 
ployes  in  limited  air  space  in  sweat  shops 
where  there  is  suitable  light . 

May  revoke  license  if  sanitary  conditions 
improper  . 

May  inspect  and  examine  rooms  in  sweat 
shops  to  ascertain  if  garments,  etc  ,  are 
clean  and  free  from  contagious  diseases. .. 

May  require  rooms,  used  to  make  garments, 
to  be  separate  from  and  have  no  opening 
into  living  or  sleeping  rooms  and  that  no 
such  room  shall  contain  beds,  bedding  or 
cooking  utensils.  May  require  suitable 
closet  arrangements  for  each  sex  as  herein 
provided . 

May  demaud  inspection  and  copy  of  regis¬ 
ter  of  names  and  addresses  of  persons  to 
whom  articles  and  materials  are  given  out 
to  be  made . 


Laws  of  ’01 
Ch.  239,  sec.  3. 


Laws  of  ’01 
Ch  239,  sec.  1. 

Laws  of  ’01 
Ch.  239,  sec.  1. 


Laws  of  ’01 
Ch.  239,  sec.  1. 


Laws  of  ’01 
Ch.  239,  sec. 


3. 


42 


40 

40 

40 


42 


Laws  of  ’01 
Ch.  239,  sec.  4. 


43 


— ' 7— 


SUMMARY  OF  LAWS  -  Continued. 


References. 

(12 

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Jd-tJ 

W7is.  Statutes 

^  <D 

and  session 

ft 

laws. 

ffi  a 
60  £ 

cl  a 5 

cl,  a 

Factory  Inspectors.  May  enforce  all  the  pro 
visions  of  this  (Cigar  Factory)  act . 


DUTIES. 

Duties  Generally. 

Commissioner.  Shall  collect,  collate  and 
publish  information  relating  to  labor  and 
the  material  resources  of  the  state . 

Shall  examine  into  relation  between  capi¬ 
tal  and  labor  and  causes  of  labor  troubles 

Shall  examine  into  employment  of  women 
and  children  and  hours  of  labor . 

Shall  examine  into  the  protection  of  life 
and  health  and  means  of  escape  from  fac¬ 
tories  and  shops . 

Shall  examine  into  educational,  sanitary, 
moral,  and  financial  condition  of  workers. 

Shall  examine  into  cost  of  all  necessaries 
of  life  and  all  kindred  subjects  pertaining 
'  to  the  welfare  of  industrial  interests  and 
classes . 

’  Shall  make  a  biennial  report  to  the  gov¬ 
ernor  . 

Shall  prepare  and  furnish  blank  applica¬ 
tions  for  licenses . 

Commissioner  shall  have  posted  a  new 
statement  setting  forth  the  fact  when  noti¬ 
fied  that  hotels,  lodging  or  boarding 
houses,  are  equipped  with  fire  escapes  .... 

Shall  recommend  to  the  governor  for  ap¬ 
pointment  a  superintendent  for  free  em¬ 
ployment  offices  as  herein  provided  for.... 

Shall  cause  to  be  printed  on  Saturday  of 
each  week  a  sheet  showing  lists  received 
from  each  of  such  employment  offices  and 
shall  mail  copies  to  each  superintendent 
and  factory  inspector  as  herein  provided.. 


Laws  of  ’99 
Ch.  79,  sec.  9. 


§1021e 

§1021e 

§1021e 

Sl021e 

§1021e 


§1021e 

11 

§1021k 

16 

Laws  of  ’01 
Ch.  239,  sec.  1. 

39 

§102 lg 

13 

Laws  of  ’01 

50 

Ch.  420,  sec.  2. 

51 

Laws  of  ’01 

47 


11 

11 

11 

11 

11 


Ch,  420,  sec.  4. 


52 


SUMMARY  OF  LAWS  -  Continued. 


References. 


« 


CO 


Wis.  Statutes 
and  session 
laws. 


•a  « 

T5 


.22 

CU 

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cS  cS 
Oh  ft 


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Shall  publish  annual  reports  of  each  such 
superintendent . . . 

Comm^issioner,  Deputy  or  Factory  Inspect¬ 
ors.  Shall  give  facts  to  District  Attorney  if 
offense  or  neglect  is  not  remedied  in  thirty 
days  after  written  notice . 

Shall  give  written  notice  to  owner  or  oc¬ 
cupant  where  laws  herein  referred  to  are 
violated . 


Shall  keep  a  record  of  building  examined 
as  to  fire  escapes,  etc.,  and  posted . 


Laws  of  ’01 
Oh.  420,  sec.  4. 


§l021f 

amended  by 
Ch.  158,  ’99. 

§1021f 

amended  by 
Ch.  158,  ’99. 

§1021g. 


52 


12 


12 


13 


Shall  examine  freight  and  passenger  ele¬ 
vators  and  condemn  those  defective  by  ser¬ 
ving  or  posting  written  notice  as  herein 
provided . 


§102 lh 


13 


Shall  see  that  in  every  manufacturing  es¬ 
tablishment  speaking  (tubes  or  electric 
bells  connect  engineer’s  room  with  rooms 
where  machinery  is  operated  and  shall 
give  notice  to  the  proper  party  who  fails  to 
provide  such  means  of  communication  .... 


§l021h 


13 


Commissioner  and  Factor y  Inspectors.  Shall 
enforce  the  provisions  as  to  fire  escapes. .. 

After  ninety  days  written  notice  shall  file 
written  statement  with  the  district  attor¬ 
ney  in  cases  where  fire  escape  laws  are  vio¬ 
lated . 

Shall  visit  and  inspect  places  and  enforce 
provisions  covered  by  this  (child  labor) 
law  and  prosecute  violations  of  it . 

Shall  make  an  inspection  of  rooms  where 
license  is  applied  ’or  and  grant  a  license  if 
conditions  are  as  herein  provided . 

Shall  report  to  the  local  Board  of  Health 
when  he  finds  unsanitary  conditions  in 
rooms  used  for  making  goods  named  in 
this  act . 


Laws  of  ’01 
Ch.  349,  sec.  4. 


Laws  of  ’01 
Ch.  349,  sec.  4. 


Laws  of  ’01 
Ch.  182,  sec.  4. 


Laws  of  ’01 
Ch.  239,  sec.  1. 


24 


24 


24 

40 


Laws  of  ’01 
Ch.  239,  sec.  5. 


43 


SUMMARY  OF  LAWS  -  Continued 


References. 


Wis.  Statutes 
and  session 
laws. 


.d  • 
w  © 
.33 

CD  2* 

be  S 

«J  ctf 
CL  ft 


Shall  notify  owner  or  agent  if  rooms  or 
apartments  are  unlawfully  used  as  herein 
provided  for . 

Factory  Inspectors.  Shall  make  a  complaint 
in  writing  before  a  police  justice  or  magis¬ 
trate  if  persons  operating  such  factories 
or  work  shops  have  failed  to  comply  with 
this  act  regulating  operation  of  emery 
wheels,  etc . . . . 

Shall  enforce  provisions  of  this  act  regulat¬ 
ing  manufacture  of  cigars  and  shall  notify 
employers  in  writing  thirty  days  before 
prosecution  of  violation  of  sections  2,  3, 
and  4  as  herein  provided  . 

Shall  cause  an  inspection  to  be  made  of 
scaffolding  and  other  devices  used  in 
construction  and  repairing  of  buildings 
when  complaint  is  made  of  unsafe  condi¬ 
tions  . 

Shall  prohibit  the  use  thereof  if  unsafe. 
Require  the  same  to  be  altered  to  avoid 
danger.and  notify  persons  responsible . 

Shall  attach  certificate  that  examination 
has  been  made  as  herein  provided . 

Shall  do  all  he  reasonably  can  to  assist  in 
securing  positions  for  applicants . . 


Laws  of  ’01 
Ch.  239,  sec.  6. 


Laws  of  ’99 

Ch.  189. 


Laws  of  ’99 
Ch.  79,  sec.  9. 


Laws  of  '01 
Ch.  257,  sec.  2. 


Laws  of  ’01 
Ch.  257,  sec.  2. 

Laws  of  '01 
Ch.  257,  sec.  2. 

Laws  of  ’01 
Ch.  420.  sec.  4. 


44 


34 


47 


36 


36 


36 

53 


INSPECTION  AND  LABOR  LAWS. 


Statutes  of  1898  and  Acts  of  1899  and  1901 
Relating  to  the 


[ 


Office  and  Supplies. — Section  1021b.  The  bureau 
of  labor  and  industrial  statistics,  heretofore  estab¬ 
lished,  is  continued.  A  room  or  rooms  in  the  capi- 
tol  shall  be  set  apart  for  the  use  thereof,  and  such 
printing  shall  be  done  for  and  such  supplies  fur¬ 
nished  the  same  as  may  be  necessary  for  the  per¬ 
formance  of  the  duties  devolved  upon  the  officers 
thereof. 

Appointment  of  Commissioner. —  Section  1021c  re¬ 
lates  to  the  appointment  and  term  of  office  of  the 
commissioner  of  this  bureau. 

Assistants  For. — Section  I021d,  amended  by  Ch. 
352,  L.  ’99,  and  Ch.  409,  L.  ’01,  authorizes  the  com¬ 
missioner  to  appoint  a  deputy,  clerks,  factory  in¬ 
spector  and  seven  assistant  factory  inspectors,  one 
of  whom  shall  be  a  woman. 

Commissioner’s  Duties. — Section  1021e.  Said 
commissioner  shall  collect,  collate  and  publish  statis- 
tical  and  other  information  relating  to  the  manu¬ 
facturing  interests,  industrial  classes  and  material 
resources  of  the  state;  he  shall  especially  examine 


—12— 


into  the  relations  between  labor  and  capital,  the 
means  of  escape  from,  and  the  protection  of  life 
and  health  in,  factories  and  workshops,  the  employ¬ 
ment  of  children,  the  number  of  hours  of  labor  ex¬ 
acted  from  them  and  from  women,  the  educational, 
sanitary,  moral,  financial  condition  of  laborers  and 
artisans,  the  cost  of  food,  fuel,  clothing  and  build¬ 
ing  material,  the  causes  of  strikes  and  lockouts,  and 
other  kindred  subjects  pertaining  to  the  welfare 
of  the  industrial  interests  and  classes. 


Chapter  158,  Laws  of  1899. 

(Amending  section  1021f  of  statutes  of  1898.) 

Inspector  May  Enter  Factory,  Mercantile  Estab¬ 
lishment,  or  Workshop. — Section  1021f.  The  commis¬ 
sioner,  his  deputy,  the  factory  inspector,  and  the 
assistant  factory  inspectors,  may  enter  any  factory, 
mercantile  establishment  or  workshop  in  which,  la¬ 
borers  or  women  are  employed,  for  the  purpose  of 
obtaining  facts  and  statistics,  examining  the  means 
of  escape  therefrom  in  case  of  fire  and  the  pro¬ 
visions  made  for  the  health  and  safety  of  opera¬ 
tives  or  for  suitable  seats  for  women  therein.  If 
any  such  officer  shall  learn  of  any  violation  of  or 
neglect  to  comply  with  the  law  in  respect  to  the 
employment  of  children,  the  hours  of  labor  for 
them  or  for  women,  or  in  reference  to  fire  escapes 
or  the  safety  of  employes,  or  such  seats  for  women, 
he  shall  give  written  notice  to  the  owner  or  occu¬ 
pant  of  such  factory,  mercantile  establishment  or 
workshop,  of  such  offense  or  neglect,  and  if  the  same 
is  not  remedied  within  thirty  days  after  the  service 
of  such  notice  such  officer  shall  give  the  district 


-13- 


attorney  of  the  county  in  which  such  factory,  mer¬ 
cantile  establishment  or  workshop  is  situated,  formal 
notice  of  the  facts,  whereupon  that  officer  shall  im- 
immediatfely  institute  the  proper  proceedings  against 
the  person  guilty  of  such  offense  or  neglect. 

Section  2.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage  and  publication. 

Examine  Hotels,  etc.;  See  that  Laws  are  Posted. — 
Section  1021g.  Any  such  officer  may  examine  hotels 
and  lodging  or  boarding  houses  for  the  purpose  of 
discovering  whether  they  are  properly  equipped  with 
fire  escapes,  and  may  post  in  any  such  building  so 
examined  the  laws  relating  to  such  escapes  together 
with  his  official  statement  as  to  whether  said  laws 
are  fully  complied  with  by  the  keeper  thereof;  and 
any  such  keeper  or  other  person  who  shall  mutilate, 
destroy  or  remove  from  any  building  or  buildings  the 
said  laws  or  statement  so  posted  shall  be  fined 
fifty  dollars  for  each  and  every  offense.  Whenever 
any  hotel,  lodging  or  boarding  house  posted  as  not 
complying  with  such  laws  shall  be  properly  provided 
and  equipped  with  fire  escapes  and  the  bureau 
shall  be  notified  thereof  the  commissioner  shall  at 
once  order  a  new  statement,  setting  forth  that  fact, 
to  be  posted  therein,  and  he  shall  keep  a  record 
of  all  buildings  so  examined  and  posted. 

Post  Laws;  Protection  of  Employes. — Section 
1021h.  Any  officer  of  the  bureau  may  post  in  any 
factory  or  workshop  examined  by  him  the  laws  re¬ 
lating  to  the  employment  of  children  therein,  hours 
of  labor,  fire-escapes  or  other  matters  pertaining 
to  the  health  and  safety  of  artisans;  any  person  who 
shall  remove  or  mutilate  such  laws  so  posted  shall 
be  fined  fifty  dollars  for  each  offense.  Any  such  of¬ 
ficer  may  order  bull-wheels,  fly-wheels,  tumbling  rods, 


14 


elevator  wells,  stairways,  shafting  or  dangerous 
machinery  of  any  kind  to  be  enclosed  or  otherwise 
guarded  so  as  to  protect  workmen  or  others;  and  any 
person  refusing  to  obey  the  written  order  of  such  of¬ 
ficer  to  such  effect  shall  be  fined  fifty  dollars  for 
each  such  refusal.  It  shall  be  the  duty  of  such  of¬ 
ficers  to  examine  freight  and  passenger  elevators  and 
to  condemn  those  found  to  be  defective  and  unsafe 
by  serving  written  notice  on  the  person  for  whom 

it  is  being  operated  or  on  his  agent,  or  by  posting 

.  • 

such  notice  on  the  walls  or  cab  of  any  elevator  found 
to  be  in  an  unsafe  condition;  the  owner  of  any  ele¬ 
vator  so  condemned,  or  the  person  for  whom  it  is 
being  operated,  shall,  by  continuing  the  use  thereof 
without  making  such  repairs  as  will  place  it  in  a 
safe  condition,  be  liable,  civilly  and  criminally,  for 
any  physical  injury  caused  by  such  use,  whether  such 
injury  results  in  the  death  of  the  person  injured 
or  not.  It  is  also  the  duty  'of  such  officers,  when  in 
their  judgment  it  may  be  necessary,  to  see  that  in 
every  manufacturing  establishment,  the  machinery 
which  is  propelled  by  steam  power,  communica¬ 
tion,  by  means  of  speaking  tubes  or  electric  bells, 
shall  be  provided  between  each  room  in  which  ma¬ 
chinery  so  operated  is  placed  and  the  room  in  which 
the  engineer  is  stationed.  Any  person  occupying  as 
owner,  lessee  or  manager  any  manufacturing  estab¬ 
lishment  where  machinery  so  operated,  is  used,  or 
controlling  the  use  of  any  building  or  room  in  which 
machinery  propelled  by  steam  is  used,  who  shall  fail 
to  provide  such  means  of  communication  shall  be 
fined  not  less  than  ten  dollars  nor  more  than  fifty 
dollars  but  no  prosecution  shall  be  commenced  for 
such  violation  until  thirty  days  after  written  notice 
has  been  given  by  one  of  the  officers  designated  in 


—15 


this  chapter  to  such  person  of  the  changes  necessary 
to  be  made  to  comply  with  the  provisions  hereof, 
nor  then,  if,  in  the  meantime,  changes  have  been 
made  in  accordance  with  such  notice. 

Refusing  Admittance  and  Failing  to  Make  Returns; 
Penalty. — Section  1021i.  The  said  commissioner 
shall  have  power  to  prescribe  blank  forms  and  trans¬ 
mit  them  to  employers,  which  shall  be  filled  out 
clearly  and  completely,  under  oath,  by  the  persons  to 
whom  they  are  sent,  with  the  facts,  statistics  and 
statements  asked  for,  and  returned  to  him  within  such 
reasonable  time  as  he  may  fix.  In  case  any  owner 
or  occupant  or  his  agent  shall  refuse  to  admit  any 
officer  of  the  said  bureau  to  his  workshop  or  factory, 
he  shall  forfeit  the  sum  of  ten  dollars  for  each  and 
every  offense,  and  if  he  shall  through  his  agent  or 
otherwise,  neglect,  fail  or  refuse  to  fill  out  the  said 
blank  forms  and  verify  and  return  them  as  required, 
he  shall  forfeit  the  sum  of  ten  dollars  for  each  and 
every  day  the  said  blank  may  be  so  delayed  beyond 
the  time  fixed  by  the  commissioner  for  their  return. 
The  fines  authorized  by  this  chapter  shall  be  sued  for 
in  the  name  of  the  state  by  the  district  attorney  of 
the  proper  county  upon  complaint  of  any  officer  of 
said  bureau  or  any  citizen,  and  shall  be  paid  into 
the  school  fund. 

Seal;  Oaths;  Witness  Fees. — Section  1021j.  There 
shall  be  provided  a  seal  of  office  for  the  use  of  the 
bureau  and  the  commissioner  or  his  deputy,  for  the 
purpose  of  making  any  investigation  contemplated 
by  this  act,  shall  have  the  power  to  administer 
oaths,  take  testimony  and  subpoena  witnesses,  which 
witnesses  shall  receive  the  same  fees  as  are  allowed 
to  persons  testifying  in  circuit  courts,  to  be  paid 
out  of  the  state  treasury  on  the  certificate  of  the 


—16— 


commisioper  or  his  deputy;  provided,  however,  that 
no  person  subpoenaed  by  the  said  commissioner  or 
his  deputy  shall  be  compelled  to  go  outside  of  the 
city  or  town  in  which  he  resides  to  testify  in  behalf 
of  such  investigation. 

Report. — Section  1021k.  The  commissioner  shall 
make  a  report  to  the  governor  within  ten  days 
after  the  expiration  of  the  biennial  fiscal  term, 
which  report  shall  be  printed  and  bound  as  pro¬ 
vided  by  law. 

Duty  of  District  Attorney. — Section  1021 1.  When¬ 
ever  any  officer  of  the  bureau  of  labor  and  industrial 
statistics  shall  give  written  notice  to  any  district 
attorney  that  any  hotel,  factory,  public  building  or 
any  other  structure  in  his  county  is  being  used  with¬ 
out  fire-escapes,  watchmen  or  other  means  or  safety 
prescribed  by  law,  including  means  of  communica¬ 
tion  betweens  the  rooms  of  manufacturing  establish¬ 
ments  as  prescribed  in  section  1021h,  such  district  at¬ 
torney'  shall  at  once  institute  the  proper  proceeding 
against  the  offender,  and  without  the  aid  or  presence 
of  any  such  officer  do  all  that  may  be  necessary  to 
secure  a  determination  of  the  guilt  or  innocence  of 
the  person  complained  of;  and  in  case  such  district 
attorney  shall  refuse  or  neglect  so  to  do  any  officer 
of  such  bureau  may  file  charges  against  him  and  de¬ 
mand  his  removal  from  office. 

Hours  of  Labor  for  Women. — Section  1728.  In  all 
manufactories,  workshops  or  other  places  used  for 
mechanical  or  manufacturing  purposes  the  time  of 
labor  of  children  under  the  age  of  eighteen  years 
and  of  women  employed  therein  shall  not  exceed 
eight  hours  in  one  day;  and  any  employer,  stock¬ 
holder,  director,  overseer,  clerk  or  foreman  who  shall 
compel  any  woman  or  any  such  child  to  labor  ex- 


—17 


ceeding  eight  hours  in  any  one  day,  or  who  shall 
permit  any  child  under  14  years  of  age  to  labor 
more  than  ten  hours  in  any  one  day  in  any  such 
place,  if  he  shall  have  control  over  such  child  suf¬ 
ficient  to  prevent  it,  or  who  shall  employ  at  manual 
labor  any  child  under  12  years  of  age  in  any  fac¬ 
tory  or  workshop  where  more  than  three  persons 
are  employed,  or  who  shall  employ  any  child  of  12 
and  under  14  years  of  age  in  any  such  factory  or 
workshop  for  more  than  seven  months  in  any  one 
year  shall  be  punished  by  fine  not  less  than  five  nor 
more  than  fifty  dollars  for  each  such  offense. 

Note. — All  the  above  section  is  repealed  by  chap¬ 
ter  274  of  the  laws  of  1899,  except  that  part  relating 
to  women.  Commonwealth  vs.  Hamilton,  120  Mass., 
383. 

Eight  Hours  a  Day’s  Work  when. — Section  1729. 
In  all  engagements  to  labor  in  any  manufacturing 
or  mechanical  business  where  there  is  no  express 
contract  to  the  contrary,  a  day’s  work  shall  consist  of 
eight  hours  and  all  engagements  or  contracts  for 
labor  in  such  cases  shall  be  so  construed,  but  this 
shall  not  apply  to  any  contract  for  labor  by  the  week, 
month,  or  year.  Holden  vs.  Hardy,  169  IT.  S.,  366; 
Commonwealth  vs.  Hamilton  Mfg.  Co.,  120  Mass., 
383;  U.  S.  vs.  Matten,  94  U.  S.,  404. 


CHILD  LABOR  LAW. 

Chapter  274,  Laws  of  1899. 

(As  amended  by  chapter  182  of  the  laws  of  1901.) 

Age,  Employment. — Section  1.  No  child  under 
fourteen  years  of  age  shall  be  employed  at  any  time 
in  any  factory  or  workshop,  bowling  alley,  bar  room, 


18 


beer  garden,  or  in  or  about  any  mine.  No  sucli 
child  shall  be  employed  in  any  merchantile  estab¬ 
lishment,  laundry,  or  in  the  telegraph,  telephone  or 
public  messenger  service,  except  during  the  vacation 
of  the  public  schools  in  the  town,  district  or  city 
where  such  child  is  employed. 

Register;  Affidavit. — Section  2.  It  shall  be  the 
duty  of  every  person,  firm  or  corporation,  agent  or 
manager  of  any  firm  or  corporation,  employing 
minors  in  any  mercantile  establishment,  store,  of¬ 
fice,  laundry,  manufacturing  establishment,  factory 
or  workshop,  bowling  alley,  bar  room,  beer  garden, 
or  in  the  telegraph,  telephone  or  public  messenger 
service  within  this  state  to  keep  a  register  in  said 
mercantile  establishment,  store,  office,  laundry,  man¬ 
ufacturing  establishment,  factory  or  workshop,  bowl¬ 
ing  alley,  bar  room,  beer  garden,  in  which  said 
minors  shall  be  employed  or  permitted  or  suffered  to 
work,  in  which  register  shall  be  recorded  the  name, 
age,  date  of  birth,  place  of  residence  of  every  child 
employed  or  permitted  or  suffered  to  work  therein 
under  the  age  of  sixteen  years,  and  it  shall  be  unlaw¬ 
ful  for  any  person,  firm  or  corporation,  agent  or 
manager  of  any  firm  or  corporation  to  hire  or  em¬ 
ploy  or  to  permit  or  suffer  to  work  in  any  mercantile 
establishment,  store,  office,  laundry,  manufacturing 
establishment,  factory  or  workshop,  bowling  alley, 
bar  room,  beer  garden,  telegraph,  telephone  or  public 
messenger  service,  any  child  under  the  age  of  sixteen 
years  unless  there  is  first  provided  and  placed  on  file 
in  such  mercantile  establishment,  store,  office,  laun¬ 
dry,  manufacturing  establishment,  factory  or  work- 
shop,  bowling  alley,  bar  room,  beer  garden,  an  af¬ 
fidavit,  made  by  the  parent  stating  the  name,  date 
and  place  of  birth  and  name  and  place  of  the  school 


ID- 


attended  by  such  child.  If  such  child  have  no 
parents  or  guardian,  then  such  affidavit  shall  be 
made  by  the  child,  and  the  register  and  affidavit  here¬ 
in  provided  for  shall,  on  demand,  be  produced  and 
shown  to  factory  inspection,  to  the  factory  inspector, 
assistant  factory  inspectors  or  any  officer  of  the 
bureau  of  labor  and  industrial  statistics. 

Ten  Hours  a  Day. — Section  3.  No  person  under 
the  age  of  sixteen  years  shall  be  employed,  required 
permitted  or  suffered  to  work  for  wages  at  any  gain¬ 
ful  occupation  longer  than  ten  hours  in  any  one  day, 
nor  more  than  six  days  in  any  one  week,  nor  after 
the  hour  of  nine  at  night  nor  before  the  hour  of  six 
in  the  morning. 

Duty  of  Commissioner  and  Factory  Inspectors. — 

Section  4.  It  shall  be  the  duty  of  the  commissioner 
of  labor,  the  factory  or  assistant  factory  inspectors  , 
to  enforce  the  provisions  of  this  act,  and  to  prosecute 
violations  of  the  same  before  any  court  of  competent 
jurisdiction  in  this  state.  It  shall  be  the  duty  of  the 
said  commissioner  of  labor  or  the  factory  or  assist¬ 
ant  factory  inspectors,  and  they  are  hereby  author¬ 
ized  and  empowered  to  visit  and  inspect,  at  all  reason¬ 
able  times,  and  as  often  as  possible,  all  places  covered 
by  this  act. 

Certificate  of  Physical  Fitness. — Section  5.  The 
commissioner  of  labor,  the  factory  or  assistant  fac¬ 
tory  inspectors  shall  have  the  power  to  demand  a  cer- 
ficate  of  physical  fitness,  from  some  regularly  li¬ 
censed  physician,  in  the  case  of  children  who  may 
seem  physically  unable  to  perform  the  labor  at  which 
they  may  be  employed,  and  no  minor  shall  be  em¬ 
ployed  who  cannot  obtain  such  a  certificate. 

Permit. — Section  6.  Whenever  it  appears  upon 
due  examination  that  the  labor  of  any  minor  over 


—20 


twelve  years  of  age,  who  would  be  debarred  from  em¬ 
ployment  under  the  provisions  of  section  1  and  sec¬ 
tion  3  of  this  act  is  necessary  for  the  support  of  the 
family  to  which  said  child  belongs  or  for  its  own 
support,  the  county  judge  of  the  county  where  said 
child  resides,  the  commissioner  of  labor  or  any  fac¬ 
tory  or  assistant  factory  inspector  may  in  the  exer¬ 
cise  of  their  discretion  issue,  free  of  charge,  a  per¬ 
mit  or  excuse  authorizing  the  employment  of  such 
minor  within  such  time  or  times  as  they  may  fix. 

Who  to  run  Elevator. — Section  7.  No  firm,  person 
or  corporation  shall  employ  or  permit  any  child 
under  sixteen  years  of  age  to  have  the  care,  custody, 
management  or  operation  of  any  elevator. 

Construction  of  Words. — Section  8.  The  words 
“manufacturing  establishment,”  “factory”  or  “work¬ 
shop”  as  used  in  this  act,  shall  be  construed  to  mean 
any  place  where  goods  or  products  are  manufactured 
or  repaired,  dyed,  cleaned  or  sorted,  stored  or  packed, 
in  whole  or  in  part,  for  sale  or  for  wages,  and  not 
for  the  personal  use  of  the  maker  or  his  or  her 
family  or  employer. 

Inspection;  Penalty. — Section  9.  Any  person,  firm 
or  corporation,  agent  or  manager  of  any  corpora¬ 
tion  who  whether  for  himself  or  for  such  firm  or 
corporation  or  by  himself  or  through  agents,  servants 
or  foremen,  shall  violate  or  fail  to  comply  with  any 
of  the  provisions  of  this  act  or  shall  hinder  or  delay 
the  commissioner  of  labor,  the  factory  or  assistant 
factory  inspectors  or  any  or  either  of  them  in  the 
performance  of  their  duty  or  refuse  to  admit  or 
shut  or  lock  them  out  from  any  place  required  to  he 
inspected  by  this  act  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  he 
fined  not  less  than  ten  dollars  nor  more  than  one 


-21- 


hundred  dollars  for  each  offense.  Any  corporation 
which  by  its  agents,  officers  or  servants,  shall  vio¬ 
late  or  fail  to  comply  with  any  of  the  provisions 
of  this  act  shall  be  liable  to  the  above  penalties, 
■which  may  be  recovered  against  such  corporations  in 
an  action  for  debt  or  assumpsit  brought  before  any 
court  of  competent  jurisdiction  in  this  state. 

Parent  or  Guardian;  Penalty. — Section  10.  Any 
parent  or  guardian  who  suffers  or  permits  a  child 
to  be  employed  or  suffered  or  permitted  to  work  in 
violation  of  this  act  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof,  shall  be  fined  not  less 
than  five  nor  more  than  twenty-five  dollars. 

Section  11.  All  acts  and  parts  of  acts  inconsistent 
■with  the  provisions  of  this  act  are  hereby  repealed. 

Care  and  Custody. — Section  4587a.  Any  person 
having  the  care,  custody,  control  of  any  child  under 
the  age  of  fourteen  years  who  shall  exhibit,  use  or 
employ,  or  in  any  manner  or  under  any  pretense 
sell,  apprentice,  give  away,  let  out  or  otherwise  dis¬ 
pose  of  such  child  to  any  person  for  any  obscene, 
indecent  or  immoral  purpose,  exhibition  or  practice, 
or  for  any  business,  exhibition  or  vocation  injurious 
to  the  health  or  dangerous  to  the  life  or  limb  of  such 
child,  or  wTho  shall  cause,  procure  or  encourage  any 
such  child  to  engage  therein,  or  any  person  who  shall 
take,  receive,  hire,  employ,  use,  exhibit  or  have  in 
custody  any  such  child  for  any  such  purpose  shall 
be  punished  by  imprisonment  in  the  county  jail  not 
exceeding  six  months  or  by  a  fine  of  not  more  than 
one  hundred  dollars  or  by  both  imprisonment  and 
fine.  People  vs.  Ewer,  141  N.  Y.,  127;  Miles  Mer- 
kett  vs.  Chatterton,  13  R.  L.,  299;  Evans  vs.  Iron 
Co.,  42  Fed.  Rep.,  59;  Parker  and  Worthington  on 
Public  Health,  sec.  260;  Cooley  vs.  Cons’t  Lim.,  745. 


Chapter  251  of  the  Laws  of  1901  Amending  Chapter 

439a. 

Relating  to  the  compulsory  education  of  school 

children. 

Attendance. — Section  439a.  Any  person  having 
under  his  control  any  child  between  the  ages  of 
seven  and  fourteen  years  shall  cause  such  child  to 
attend  some  public  or  private  school  for  at  least 
twelve  weeks  in  each  school  year;  provided,  that  this 
section  shall  not  apply  to  any  child  who  is  being 
otherwise  instructed  in  the  elementary  branches  of 
learning  for  a  like  period,  or  who  has  already  ac¬ 
quired  such  knowledge,  or  whose  mental  or  physical 
condition  is  such  as  to  render  his  attendance  at 
school  and  application  to  study  inexpedient  or  im¬ 
practicable,  or  who  lives  more  than  two  miles  from 
any  school  by  the  nearest  traveled  road,  or  who  is 
excused  for  sufficient  reasons  by  any  court  of  record. 
Any  person  who  shall  violate  the  provisions  of  this 
section  shall  forfeit  not  less  than  three  dollars  nor 
more  than  twenty  dollars  for  each  offenseT  State 
Board  vs.  Wood,  54  L.  J.  M.  C.,  145;  Vermont  Col¬ 
lege  vs.  Chandler,  2  Vt.,  683. 


Chapter  349,  Laws  of  1901. 

Providing  for  fire  escapes  on  buildings. 

Buildings;  what  required. — Section  1.  Every  inn, 
hotel,  boarding  house,  store-house,  tenement  house, 
every  building  now  or  hereafter  used,  in  whole  or  in 
part,  as  a  public  building,  public  or  private  insti¬ 
tution,  office  or  store  building,  school  house,  theatre, 
public  hall,  place  of  assemblage,  or  place  of  public 
resort  more  than  two  stories  high  and  containing 


above  the  ground  floor,  sleeping  apartments,  offices, 
an  assembly  hall,  work  rooms  or  a  room  intended  to 
be  used  as  a  place  of  amusement,  all  or  any  of  which 
rooms  are  designed  for  occupancy  by  twenty-five  or 
more  persons  shall  be  provided  with  one  or  more 
fire  proof  stairways  or  ladders  on  the  outside  there¬ 
of,  placed  in  such  position  and  as  many  in  number 
as  may  be  designated  by  the  chief  of  the  fire  de¬ 
partment  or  fire  marshal  of  the  village  or  city  in 
which  the  building  is  located,  or  by  the  state  factory 
inspector.  If  more  than  one  stairway  or  ladder  is 
required,  each  side  of  such  inn,  hotel,  boarding 
house  store-house,  tenement  building,  every  building 
now  or  hereafter  used,  in  whole  or  in  part  as  a 
public  building,  public  or  private  institution,  office 
or  store  building,  school  house,  theatre,  public  hall, 
place  of  assemblage  or  place  of  public  resort  shall  be 
provided  therewith.  Such  stairways  or  ladders  shall 
connect  the  cornice  with  the  top  of  the  first  story 
of  any  such  building  by  a  wrought  iron  platform, 
balcony,  piazza  or  other  safe  and  convenient  rest¬ 
ing  place  on  a  level  with  the  floor  of  each  story  so 
connected,  and  of  sufficient  length  to  permit  access 
to  the  same  from  not  less  than  two  windows  of  each 
story;  they  shall  be  convenient  of  access  from 
the  interior  of  the  building,  commodious  in  size 
and  form  and  of  sufficient  strength  to  be  safe  for  the 
purpose  of  ascent  and  descent.  In  cities  and  vil¬ 
lages  where  there  is  a  water  supply  for  fire  purposes, 
there  shall  be  attached  to  such  stairs  or  ladders  a 
three-inch  wrought  iron  stand  pipe  extending  from  a 
point  within  five  feet  of  the  ground  to  a  point  three 
feet  above  the  roof  or  cornice  at  each  story  above 
the  first  and  on  the  roof  there  shall  be  attached  a 
two  and  one-half  inch  angle  hose  valve  with  male 


—24 


hose  connection,  and  a  double  or  Siamese  “Y”  female 
hose  connection  at  the  base  of  the  pipe,  with  threads 
to  conform  to  the  size  and  pattern  used  by  the  fire 
department  where  the  building  is  located. 

Elevator  Walls. — -Section  2.  The  inside  walls  or 
casings  of  every  elevator  used  for  the  conveyance 
of  passengers  to  and  from  the  upper  stories  of  any 
such  building  as  is  within  the  preceding  section, 
shall  be  constructed  of  fire  proof  material  through¬ 
out. 

Watchman;  Red  Light. — Section  3.  In  all  such 

buildings  as  are  described  in  section  1,  which  con¬ 
tain  one  hundred  rooms  or  more,  not  less  than  one 
efficient  watchman  shall  be  on  duty  from  10  o’clock 
p.  m.  until  5  o’clock  a.  m.  during  each  and  every 
night  that  any  such  building  is  occupied.  There 
shall  be  posted  in  every  room  in  every  building 
designated  in  said  section,  in  legible  print  a  brief  and 
accurate  statement  of  all  means  of  safety  and  escape 
therefrom  in  case  of  fire,  and  a  red  light  shall  be 
kept  burning  all  night  at  the  head  of  each  stairway 
above  the  first  floor,  also  on  each  floor  above  the 
first,  at  or  near  the  exit  to  such  fireproof  stairway 
or  ladder. 

Who  to  Enforce. — Section  4.  It  shall  be  the  duty 
of  the  commissioner  of  labor,  factory  inspector, 
assistant  factory  inspectors,  chief  or  marshal 
of  the  fire  department  of  every  city  or  village 
to  enforce  the  provisions  .of  the  foregoing  sections. 
Any  person  who  shall  fail  to  comply  with  the 
provisions  of  said  sections  within  ninety  days  after 
being  notified  in  writing  to  do  so  by  either  of  said 
officers  whose  duty  it  may  be  to  give  notice,  shall  bo 
punished  according  to  law.  Said  commissioner  of 
labor,  factory  inspector,  assistant  factory  inspectors, 


-25- 


chief  or  marshal  upon  receiving  notice  or  obtaining 
knowledge  that  any  person  within  his  jurisdiction 
has  not  so  complied  with  said  provisions,  shall  file 
a  written  statement  to  that  effect  with  the  proper 
district  attorney,  which  being  done,  he  shall  prose¬ 
cute  such  person. 

Penalty. — Section  5.  The  owner,  tenant,  or  other 
person  in  charge  of  any  building  within  either  of 
the  four  next  preceding  sections,  who  shall  fail  or 
neglect,  after  written  notice  has  been  given  him  in 
accordance  with  the  next  preceding  section,  to  com¬ 
ply  with  any  of  the  provisions  of  said  sections,  which 
are  applicable  to  the  building  owned,  leased  or  in  his 
charge,  shall  be  deemed  guilty  of  a  misdemeanor  and 
be  punished  by  a  fine  not  exceeding  one  thousand  dol¬ 
lars  or  by  imprisonment  in  the  county  jail  not  longer 
than  ninety  days. 

Repealing  Clause. — Section  6.  The  section  con¬ 
sisting  of  printed  matter  in  brevier  type  and  enclosed 
in  brackets  at  the  top  of  page  1187  of  the  statutes 
of  189S  and  designated  as  section  1636ee,  in  section 
25  of  chapter  351  of  the  laws  of  1899,  and  section 
1636f,  section  1636g,  section  1636h,  and  section  1636i, 
of  the  statutes  of  1898,  are  hereby  repealed. 

FIRE  ESCAPES  ON  FACTORIES,  ETC, 

Buildings  three  or  more  stories  high;  Penalty. — 

Section  4390a.  Every  person  or  corporation  owning, 
occupying  or  controlling  any  factory,  workshop  or 
structure  three  or  more  stories  high,  except  such  as 
are  included  in  the  next  preceding  section,  in  wiiich 
twenty-five  or  more  persons  are  employed  at  any  kind 
of  labor,  shall  provide  and  keep  connected  with  the 
same  one  or  more  good  and  substantial  metallic  or 


fire-proof  ladders,  stairs  or  stairways,  ready  for  use 
at  all  times,  reaching  from  the  cornice  to  the  top  of 
the  first  story,  and  placed  on  the  outside  thereof  in 
in  such  position  and  number  as  may  be  designated 
by  the  chief  of  the  fire  department  or  fire  marshal 
of  the  city  or  village  in  which  such  structure  is  sit¬ 
uated,  or  by  the  state  factory  inspector,  and  at  each 
story  above  the  first  a  wrought  iron  balcony  in  con¬ 
nection  with  such  ladder,  such  balcony  to  be  substan¬ 
tially  attached  to  the  structure,  and  of  such  length 
as  to  permit  of  access  to  it  from  two  or  more  win¬ 
dows  on  each  story,  and  of  sufficient  size  to  furnish 
reasonable  means  of  escape  to  the  persons  employed 
therein  from  each  and  every  floor  or  story  above 
the  first;  and  in  all  cities  and  villages  where  there 
is  a  water  supply,  either  from  water-works,  fire ‘en¬ 
gines  or  pumping  station,  there  shall  be  attached  to 
such  fire-escape,  except  on  structures  equipped  with 
automatic  sprinklers,  a  three-inch  wrought  iron 
standpipe  extending  from  a  point  within  five  feet 
from  the  ground  to  a  point  three  feet  above  the  roof 
or  cornice,  and  on  the  roof  shall  be  attached  to  a  two 
and  one-half  inch  angle  hose  valve,  with  male  hose 
connection  and  a  double  or  Siamese  “Y”  female  hose 
connection  at  the  base  of  the  pipe,  the  threads  of 
which  shall  conform  to  the  size  and  pattern  used  by 
the  fire  department  where  the  structure  is  located. 
Any  such  person  or  corporation  who  shall  fail,  for 
three  months  after  the  receipt  of  notice  in  writing, 
stating  the  substance  of  the  provisions  of  this  sec¬ 
tion,  from  such  chief,  marshal  or  inspector  to  pro¬ 
vide  and  keep  such  means  of  escape  or  such  standpipe 
shall  be  punished  by  fine  not  exceeding  one  hundred 
dollars. 


Chapter  173,  Laws  of  1901. 

Providing  for  the  regulation  of  hotels,  inns,  and 
puDlic  lodging  houses. 

Hempen  Rope. — Section  1.  Every  bed-room  "or 
sleeping  apartment  fronting  on  a  street,  alley,  yard, 
or  other  vacant  ground,  or  any  other  than  the  ground 
floor,  of  any  hotel,  inn  or  public  lodging  house,  shall 
be  supplied  with,  and  there  shall  be  kept  at  all  times, 
in  plain  sight  and  securely  attached  therein,  a  hempen 
rope  of  not  less  than  one-half  inch  in  diameter  of 
sufficient  length  to  reach  to  the  ground  outside,  of 
sufficient  strength  to  sustain  a  w'eight  of  at  least  five 
hundred  pounds. 

Exception. — Section  2.  Any  hotel,  inn  or  public 
lodging  house  supplied  with  suitable  and  sufficient 
fire-escapes,  approved  by  the  state  factory  inspector, 
shall  not  be  subject  to  the  provisions  of  section  1 
of  this  act. 

Penalty. — Section  3.  Any  person  keeping,  main¬ 
taining  or  managing  any  hotel,  inn  or  public  lodging 
house,  or  place  where  sleeping  accommodations  are 
furnished  to  the  public,  in  violation  of  any  of  the 
provisions  of  this  act,  shall  be  guilty  of  a  misde¬ 
meanor,  and,  on  conviction  thereof,  be  punished  by 
a  fine  of  not  less  than  twenty  five  dollars  nor  more 
than  one  hundred  dollars,  or  by  imprisonment  in  the 
common  jail  not  less  than  thirty  days  nor  more  than 
ninety  days,  or  both,  in  the  discretion  of  the  court. 

Chapter  380,  Laws  of  1901. 

Amending  section  4390  of  the  statutes  of  1898 
relating  to  doors  that  shall  swing  outwardly. 

Doors  to  swing  out;  Storm  Doors. — Section  4390. 
Every  building  now  or  hereafter  used,  in  whole  or 


—28- 


in  part,  as  a  public  building,  public  or  private  insti¬ 
tution,  hotel,  inn,  schoolhouse,  church,  public  hall, 
place  of  assemblage,  or  place  of  public  resort,  factory 
or  workshop,  opera  house  or  office  building  must  be 
provided  with  outer  doors  that  shall  open  or  swing 
outwardly,  and  when  storm  doors  are  used  at  the 
entrance  of  any  such  building,  either  inside  or  out¬ 
side,  said  storm  doors  shall  have  a  glass  therein  not 
less  than  fifteen  inches  square,  which  glass  shall  be 
not  less  than  four  feet  from  the  floor  or  approach, 
unless  the  commissioner  of  labor  and  industrial  sta¬ 
tistics,  the  factory  inspector  or  (any)  assistant  facto¬ 
ry  inspector  in  his  judgment  shall  deem  it  otherwise. 
Any  owner,  tenant,  corporation,  person  or  persons 
in  charge  of  any  of  the  above  named  buildings,  who 
shall  fail  to  comply  with  this  section  or  provide  the 
same  with  fire-escapes  according  to  law,  or  any 
architect  who  shall  prepare  plans  for  any  building 
which  is  required  by  law  to  be  provided  with  such 
doors  or  fire-escapes,  without  providing  in  such  plans 
for  the  same  shall  be  punished  by  a  fine  not  exceed¬ 
ing  five  hundred  dollars  or  by  imprisonment  in  the 
county  jail  not  longer  than  ninety  days. 

Department  of  Buildings  vs.  Field,  42  N.  Y.  Supp., 
691;  Fire  Dept,  of  the  City  of  New  York  vs.  Chap¬ 
man,  10  Dally,  377;  Wiley  vs.  Mulledy,  78  N.  Y.,  310; 
Wesley  City  vs.  Healy,  84  Ill.,  126 ;  Schott  vs.  Harvey, 
105  Penn.  St.,  222. 

Hotel  Keepers  not  to  receive  charges;  Penalty. — • 

Section  1729.  Every  hotel  or  inn  keeper  who  keeps 
a  hotel  or  inn  such  as  is  described  (in  chapter  349,  of 
laws  of  1901)  who  fails  to  comply  with  the  provisions 
thereof  shall  not  receive  or  recover  any  charges  what¬ 
ever  from  any  objecting  traveler,  boarder  or  guest 


29— 


occupying  a  room  above  the  second  floor  of  his  hotel 
.or  inn  and  shall  be  liable  to  the  penalty  prescribed 
in  section  1636j. 

Grant  vs.  Slater  M.  &  P.  Co.,  14  R.  I.,  380. 

Chapter  77,  Laws  of  1899. 

Requiring  employers  of  females  in  any  manufactur¬ 
ing,  mechanical  or  mercantile  establishment  to 
furnish  seats  for  the  use  of  such  females  when 
not  on  active  duty. 

Seats  for  Females. — Section  1.  Every  person  or 
corporation  employing  females  in  any  manufacturing, 
mechanical  or  mercantile  establishment  in  the  state 
of  Wisconsin  shall  provide  suitable  seats  for  the  fe¬ 
males  so  employed,  and  shall  permit  the  use  of  such 
seats  by  them  when  they  are  not  necessarily  engaged 
in  the  active  duties  for  which  they  are  employed. 

Section  2.  Any  person  or  corporation  who  shall 
violate  the  provisions  of  this  act  shall,  upon  convic¬ 
tion  thereof,  be  considered  guilty  of  a  misdemeanor 
and  shall  be  punished  by  a  fine  of  not  less  than  ten 
dollars,  nor  more  than  thirty  dollars  for  each  and 
every  offence. 

Parker  &  Worthington  on  Public  Health,  sec.  260. 
Cooley  on  Const.  Lim.,  745. 

State  vs.  Considine,  83  Fed.  Rep.,  157. 
Commonwealth  vs.  Hamilton  Mfg.  Co.,  120  Mass., 
383. 

Overcrowding  Employes;  Safeguards  for  Ma¬ 
chinery,  etc. — Section  1636j.  No  person  or  corpora¬ 
tion  shall  employ  and  put  to  work  in  any  factory, 
workshop  or  other  place  where  labor  is  performed, 
or  in  any  part  of  any  such  place,  a  larger  number 
of  persons  than  can  be  kept  at  work  there  without 


-30- 


doing  violence  to  the  laws  of  health.  The  local  board 
of  health  shall  have  power  to  determine  any  ques¬ 
tion  arising  under  this  provision,  and  its  written 
determination  shall  be  conclusive  upon  all  parties 
to  any  action  or  proceeding  under  the  same.  The 

owner  or  manager  of  every  place  where  persons  are  i 

7* 

employed  to  perform  labor  shall  surround  every  sta-  \ 
tionary  vat,  pan  or  other  vessel  into  which  molten 
metal  or  hot  liquids  are  poured  or  kept  with  proper 
safeguards  for  the  protection  of  his  employes,  and  all 
belting,  shafting,  gearing,  hoists,  fly-wheels,  elevators 
and  drums  therein  which  are  so  located  as  to  be 
dangerous  to  employes  in  the  discharge  of  their  duty 
shall  be  securely  guarded  or  fenced.  Any  person  or 
corporation  which  shall  neglect  for  thirty  days  after 
the  receipt  of  written  notice  from  the  state  factory 
inspector  to  provide  a  suitable  place  for  the  persons 
employed  by  him  to  work  in  or  who  shall  fail  to 
make  and  maintain  such  safeguards  as  this  section 
requires  and  as  said  inspector  shall  specify,  shall  for¬ 
feit  not  to  exceed  twenty-five  dollars  for  each  offense, 
and  every  day’s  neglect  or  failure,  after  a  conviction  j 
hereunder,  shall  constitute  a  separate  offense. 

Thompson  vs.  Allis  Co.,  89  Wis.,  523.  * 

Cayzer  vs.  Taylor,  10  Gray  (Mass.),  274. 

Durrant  vs.  Lexington  Coal  Mining  Co.,  97  Mo.,  C2. 

Samuel  McRichards  vs.  Flint,  114  N.  Y.,  222. 

The  Litchfield  Coal  Co.  vs.  Taylor,  81  Ill.,  590. 


31 


SUCTION  DEVICES  ON  EMERY  WHEELS,  ETC. 

I 

Chapter  189,  Laws  of  1899. 

Regulating  the  operation  and  use  of  emery  wheels 
or  emery  belts  of  all  kinds  in  factories  or  work¬ 
shops,  and  prescribing  a  penalty  for  the  violation 
thereof. 

.  Places  affected;  Exception. — Section  1.  That  all 
persons,  companies  or  corporations  operating  any 
factory  or  workshop  where  emery  wheels  or  emery 
belts  of  any  description  are  used  for  polishing,  either 
solid  emery,  leather,  leather  covered,  felt,  canvas, 
linen,  paper,  cotton,  or  wheels  or  belts  rolled  or 
coated  with  emery  or  corundum,  or  cotton  wheels 
used  as  buffs,  shall,  when  deemed  necessary,  by  the 
factory  inspector,  assistant  factory  inspector,  or  any 
officers  of  the  bureau  of  labor,  provide  such  polish¬ 
ing  wheels  or  belts  with  blowers  or  similar  appara¬ 
tus,  which  shall  be  placed  over,  beside  or  under  such 
■wheels  or  belts  in  such  manner  as  to  protect  the 
person  or  persons  using  the  same  from  the  particles 
of  the  dust  produced  and  caused  thereby,  and  to  carry 
away  the  dust  arising  from  or  thrown  off  by  such 
wheels  or  belts  while  in  operation,  directly  to  the 
outside  of  the  building  or  to  some  receptacle  placed 
so  as  to  receive  and  confine  such  dust.  Provided,  that 
grinding  machines  upon  which  water  is  used  at  the 
point  of  grinding  contact  shall  be  exempt  from  the 
provisions  of  this  act;  and  provided  that  this  act 
shall  apply  only  to  those  wheels  or  belts  which  are 
used  for  polishing  and  which  are  contained  in  the 
room  or  apartment  usually  denominated  the  polishing 
room,  and  which  are  used  continuously  therein;  and 


provided  further,  that  this  act  shall  not  embrace  nor 
apply  to  such  wheels  or  belts  as  cannot  be  so  equipped 
without  impairing  the  convenient  or  necessary  use 
thereof. 

Use  of  Defective  Wheels  forbidden. — Section  2. 
No  emery  wheels  or  grindstone  in  any  factory,  mill 
or  workshop,  shall  be  used  when  the  same  is  known 
to  the  person  using  the  same  to  be  cracked  or  other¬ 
wise  defective,  nor  operated  at  a  greater  speed  than 
indicated  or  guaranteed  by  the  manufacturer  of  such 
emery  wheel  or  grindstone. 

Devices,  Who  to  provide  same. — Section  3.  It 
shall  be  the  duty  of  any  person,  company  or  corpora¬ 
tion  operating  any  such  factory  or  workshop  to  pro¬ 
vide  or  construct  such  appliances,  apparatus,  machin¬ 
ery  or  other  things  necessary  to  carry  out  the  pur¬ 
pose  of  this  act,  as  set  forth  in  the  preceding  sec¬ 
tion,  as  follows:  Each  and  every  such  wTheel  shall 
be  fitted  with  a  sheet  or  cast  iron  hood  or  hopper, 
of  such  form  and  so  applied  to  such  wheel  or  wheels 
that  the  dust  or  refuse  therefrom  will  fall  from  such 
wheels,  or  will  be  thrown  into  such  hood  or  hopper 
by  centrifugal  force,  and  be  carried  off  by  the  cur¬ 
rent  of  air  into  a  suction  pipe  attached  to  same  hood 
or  hopper. 

Suction  Pipes. — Section  4.  Each  and  every  such 
wheel  six  inches  or  less  in  diameter  shall  be  pro¬ 
vided  with  a  three-inch  suction  pipe;  wheels  six 
inches  to  twenty-four  inches  in  diameter,  with  four- 
inch  suction  pipe;  wheels  from  twenty-four  inches  to 
thirty-six  inches  in  diameter,  with  five-inch  suction 
pipe;  and  all  wheels  larger  in  diameter  than  those 
stated  above  shall  be  provided  each  with  a  suction 
pipe  not  less  than  six  inches  in  diameter.  The  suc¬ 
tion  pipe  from  each  wheel,  so  specified,  must  be  full 


33- 


size  as  to  the  main  trunk  suction  pipe,  and  the  main 
suction  pipe  to  which  smaller  pipes  are  attached  shall, 
in  its  diamter  and  capacity,  be  equal  to  the  combined 
area  of  such  smaller  pipes  attached  to  the  same,  and 
the  discharge  pipe  from  the  exhaust  fan  connected 
with  such  suction  pipe  or  pipes  shall  be  as  large, 
or  larger,  than  the  suction  pipe. 

Fans  and  Blowers. — Section  5.  It  shall  be  the 
duty  of  any  person,  company  or  corporation  oper¬ 
ating  any  such  factory  or  workshop  to  provide  the 
necessary  fans  or  blowers  to  be  connected  with  such 
pipe  or  pipes,  as  above  set  forth,  which  shall  be  run 
at  a  rate  of  speed  as  will  produce  a  velocity  of  air 
in  such  suction  or  discharge  pipes  of  sufficient  force 
to  carry  away  all  dust  discharged  into  the  aforesaid 
hood  or  hopper.  All  branch  pipes  must  enter  the 
main  trunk  pipe  at  any  angle  of  forty-five  degrees 
or  less;  the  main  suction  or  trunk  pipe  shall  be  be¬ 
low  the  emery  or  buffing  wheels,  and  as  close  to  the 
same  as  possible,  and  to  be  either  upon  the  floor 
or  underneath  the  floor  on  which  the  machines  are 
placed  to  which  such  wheels  are  attached.  All  bends, 
turns,  and  elbows  in  each  such  pipes  must  be  made 
with  easy,  smooth  surfaces,  having  a  radius  in  the 
throat  of  not  less  than  two  diameters  of  the  pipe 
on  which  they  are  connected. 

Exceptions. — Section  6.  The  provisions  of  sec¬ 
tions  4  and  5  shall  not  apply  to  existing  mills,  fac 
tories  or  workshops  which,  at  the  time  of  the  passage 
of  this  act,  have  an  appliance  or  appliances  designed 
and  used  for  the  purpose  of  removing  such  dust  from 
the  polishing  room,  and  which  said  appliance  or  ap¬ 
pliances  substantially  effect  such  design. 

Right  of  Entrance;  Penalty. — Section  7.  It  shall 
be  the  duty  of  every  factory  inspector  of  this  state, 


or  his  deputies,  to  enter  any  factory  or  workshop 
in  this  state  during  working  hours,  and  upon  ascer¬ 
taining  the  facts  that  the  proprietors  or  managers 
of  such  factory  or  workshops  have  failed  to  comply 
with  the  provisions  of  this  act,  to  make  complaint 
of  the  same  in  writing  before  a  justice  of  the  peace 
or  police  magistrate  having  jurisdiction,  who  shall 
thereupon  issue  his  warrant,  directed  to  the  owner, 
manager  or  director,  in  such  factory  or  workshop, 
who  shall  be  thereupon  proceeded  against  for  the 
violation  of  this  act  as  hereinafter  mentioned,  and 
it  is  made  the  duty  of  the  prosecuting  attorney  to 
^prosecute  all  cases  under  this  act. 

Section  8.  Any  such  person  or  persons  or  company, 
or  managers,  superintendents  or  directors  of  any 
such  company  or  corporation,  who  shall  have  the 
charge  or  management  of  such  factory  or  workshop, 
who  shall  fail  to  comply  with  the  provisions  of  this 
act,  shall  he  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  before  any  court  of  compe¬ 
tent  jurisdiction  shall  be  punished  by  a  fine  of  not 
less  than  twenty-five  dollars,  and  not  exceeding  one 
hundred  dollars. 

Section  9.  This  act  shall  take  effect  and  be  in 
force,  from  and  after  its  passage  and  publication. 

Approved  April  14,  1899. 

In  re  Roe  Cheney,  49  P..  952. 

Cayzer  vs.  Taylor,  10  Gray  (Mass.),  274. 


-35- 


Chapter  257,  Laws  of  1901. 

Providing  for  the  furnishing  and  use  of  safe 
scaffolding,  hoists,  stays,  ladders,  or  other  mechan¬ 
ical  device  used  in  the  construction  of  a  building 
and  providing  a  penalty  for  a  violation  thereof. 

Scaffolding,  etc.;  Safety. — Section  1.  A  person 
employing  or  directing  another  to  perform  labor  of 
any  kind  in  the  erection,  repairing,  altering  or  paint¬ 
ing  of  a  house,  building  or  structure  shall  not  fur¬ 
nish  or  erect,  or  cause  to  be  furnished  or  erected  for 
the  performance  of  such  labor,  scaffolding,  hoists, 
stays,  ladders  or  other  mechanical  contrivances, 
which  are  unsafe,  unsuitable  or  improper,  and  which 
are  not  so  constructed,  placed  and  operated  as  to 
give  proper  protection  to  the  life  and  limb  of  a  per¬ 
son  so  employed  or  engaged.  Scaffolding  or  staging 
swung  or  supended  from  an  overhead  support,  more 
than  twenty  feet  from  the  ground  or  floor,  shall  have 
a  safety  rail  of  wood,  properly  bolted,  secured  and 
braced,  rising  at  least  thirty-four  inches  above  the 
floor  or  main  portions  of  such  scaffolding  or  staging 
and  extending  along  the  entire  length  of  the  outside 
and  the  ends  thereof,  and  properly  attached  thereto, 
and  such  scaffolding  or  staging  shall  be  so  fastened 
as  to  prevent  the  same  from  swaying  from  the  build¬ 
ing  or  structure. 

Inspection. — Section  2.  Whenever  complaint  is 
made  to  the  factory  inspector  that  the  scaffolding  or 
the  slings,  hangers,  blocks,  pulleys,  stays,  braces,  lad¬ 
ders,  irons,  or  ropes  of  any  swinging  or  stationary 
scaffolding  used  in  the  construction,  alteration, 
repairing,  cleaning  or  painting  of  buildings, 
within  the  limits  of  a  city  are  -unsafe  or  liable  to 
prove  dangerous  to  the  life  or,  limb  of  any  per- 


36- 


son,  such  factory  inspector  shall  immediately  cause 
an  inspection  to  be  made  of  such  scaffolding,  or  the 
slings,  hangers,  blocks,  pulleys,  stays,  braces,  ladders, 
within  the  limits  of  a  city  are  unsafe  or  liable  to 
prove  dangerous  to  the  life  or  limb  of  any  person, 
such  factory  inspector  shall  immediately  cause  an  in¬ 
spection  to  be  made  of  such  scaffolding,  or  the  slings, 
hangers,  blocks,  pulleys,  stays,  braces,  ladders, 
irons  or  other  parts  connected  therewith.  If,  after 
examination,  such  scaffolding  or  any  of  such  parts 
is  found  to  be  dangerous  to  life  or  limb,  the  fac¬ 
tory  inspector  shall  prohibit  the  use  thereof,  and  re¬ 
quire  the  same  to  be  altered  and  reconstructed  so 
as  to  avoid  such  danger.  The  factory  inspector  or 
deputy  factory  inspector  making  the  examination 
shall  attach  a  certificate  to  the  scaffolding,  or  the 
slings,  hangers,  irons,  ropes,  or  other  parts  thereof, 
examined  by  him  stating  that  he  has  made  such  ex¬ 
amination,  and  that  he  has  found  it  safe  or  unsafe, 
as  the  case  may  be.  If  he  declares  it  unsafe,  he 
shall  at  once,  in  writing,  notify  the  person  respon¬ 
sible  for  its  erection  of  the  fact,  and  warn  him  against 
the  use  thereof.  Such  notice  may  be  served  person¬ 
ally  upon  the  person  responsible  for  its  erection, 
or  by  conspicuously  affixing  it  to  the  scaffolding,  or 
the  part  thereof  declared  to  be  unsafe.  After  such 
notice  has  been  so  served  or  affixed,  the  person  re¬ 
sponsible  therefor  shall  immediately  remove  such 
scaffolding  or  part  thereof  and  alter  or  strengthen 
it  in  such  manner  as  to  render  it  safe,  in  the  dis¬ 
cretion  of  the  officer  who  has  examined  it,  or  of  his 
superiors.  The  factory  inspector  and  any  of  his  depu¬ 
ties  whose  duty  it  is  to  examine  or  test  any  scaf¬ 
folding  or  part  thereof,  required  by  this  section,  shall 
have  free  access,  at  all  reasonable  hours,  to  any  build- 


—37 


ing  or  premises  containing  them  or  where  they  may 
be  in  use.  All  swinging  and  stationary  scaffolding 
shall  be  so  constructed  as  to  bear  four  times  the 
maximum  weight  required  to  be  dependent  there¬ 
from  or  placed  thereon,  when  in  use,  and  not  more 
than  four  men  shall  be  allowed  on  any  swinging  scaf¬ 
folding  at  one  time. 

Temporary  Floors. — Section  3.  All  contractors 
and  owners,  when  constructing  buildings  in  cities, 
where  the  plans  and  specifications  require  the  floors 
to  be  arched  between  the  beams  thereof,  or  where  the 
floors  or  filling  in  between  the  floors  are  of  fire-proof 
material  or  brick  work,  shall  complete  the  flooring 
or  filling  in  as  the  building  progresses,  to  not  less 
than  within  three  tiers  of  beams  below  that  on  which 
the  iron  work  is  being  erected.  If  the  plans  and 
specifications  of  such  building  do  not  require  filling 
in  between  the  beams  of  floors  with  brick  or  fire¬ 
proof  material,  all  contractors  for  carpenter  work 
in  the  course  of  construction  shall  lay  the  under 
flooring  thereof  on  each  story  as  the  building  pro¬ 
gresses,  to  not  less  than  within  two  stories  below  the 
one  to  which  such  building  has  been  erected.  Where 
double  floors  are  not  to  be  used,  such  contractor  shall 
keep  planked  over  the  floor  two  stories  below  the 
story  where  the  work  is  being  performed.  If  the 
floor  beams  are  of  iron  or  steel,  the  contractors  for 
the  iron  or  steel  work  of  buildings  in  course  of  con¬ 
struction  or  the  owners  of  such  buildings,  shall  thor¬ 
oughly  plank  over  the  entire  tier  of  iron  or  steel 
beams  on  which  the  structural  iron  or  steel  work 
is  being  erected,  except  such  spaces  as  may  be  rea¬ 
sonably  required  for  the  proper  construction  of  such 
iron  or  steel  work,  and  for  the  raising  and  lowering 
of  materials  to  be  used  in  the  construction  of  such 


—38 


building,  or  such  spaces  as  may  be  designated  by 

» 

the  plans  and  specifications  for  stairways  and  elevator 
shafts.  If  elevating  machines  or  hoisting  apparatus 
are  used  within  a  building  in  the  course  of  construc¬ 
tion,  for  the  purpose  of  lifting  materials  to  be  used 
in  such  construction,  the  contractors  or  owners  shall 
cause  the  shafts  or  openings  in  each  floor  to  be  en¬ 
closed  or  fenced  in  on  all  sides  by  a  barrier  at  least 
eight  feet  in  height.  If  a  building  in  course  of  con¬ 
struction  is  five  stories  or  more  in  height,  no  lumber 
or  timber  needed  for  such  construction  shall  be 
hoisted  or  lifted  on  the  outside  of  such  building.  The 
chief  officer,  in  any  city,  charged  with  the  enforce¬ 
ment  of  the  building  laws  of  such  city  and  the  fac¬ 
tory  inspector  are  hereby  charged  with  enforcing 
the  provisions  of  this  section. 

Penalty. — Section  4.  Any  owner,  contractor,  sub¬ 
contractor,  foreman,  or  other  person  having  charge 
of  work  on  building,  if  found  guilty  of  violation  of 
any  of  the  former  sections  of  this  law  shall  be  subject 
to  a  fine  of  not  less  than  twenty-five  dollars  and 
not  more  than  one  hundred  dollars,  or  imprisonment 
of  not  less  than  three  months  or  not  more  than  one 
year  by  any  court  having  jurisdiction. 

People  vs.  D.  Oench,  95  N.  Y.,  83;  111  N.  Y.,  359. 
Knoxville  vs.  Bird,  47  Am.  Rep.,  326.  • 

Lawton  vs.  Steele,  119  N.  Y.,  234. 


CHArTER  239,  Laws  of  1901. 

Providing  for  the  preservation  of  public  health. 

Manufacturing,  altering,  repairing,  and  finishing 
articles;  License. — Section  1.  No  room  or  apart- 


ment  in  any  tenement  or  dwelling  house  or  in  a 
building  situated  in  the  rear  of  any  tenement  or 
dwelling  house,  shall  he  used  for  the  purpose  of  man¬ 
ufacturing,  altering,  repairing  or  finishing  therein, 
lor  wages  or  for  sale,  any  coats,  vests,  knee  pants, 
trousers,  overalls,  cloaks,  hats,  caps,  suspenders, 
jerseys,  blouses,  dresses,  waists,  waist  bands,  under¬ 
wear,  neckwear,  knit  goods  of  all  kinds,  furs,  fur 
trimmings,  fur  garments,  skirts,  shirts,  purses, 
feathers,  cigarettes,  cigars  or  umbrellas,  unless  a  li¬ 
cense  is  secured  therefor  as  provided  in  this  act.  Ap¬ 
plication  for  such  a  license  shall  be  made  to  the 
commissioner  of  labor  and  industrial  statistics  by 
any  family  or  a  member  thereof  or  any  person,  firm 
or  corporation,  desiring  to  manufacture,  alter,  repair 
or  finish  any  such  articles  in  any  room  or  apartment 
in  any  tenement  or  dwelling  house  or  by  any  per¬ 
son,  firm  or  corporation  desiring  to  perform  such 
work  in  any  building  in  the  rear  of  any  tenement 
or  dwelling  house.  Such  application  shall  describe 
the  room  or  apartment,  shall  specify  the  number  of 
persons  to  be  employed  therein,  and  shall  be  in  such 
form  as  the  commissioner  of  labor  and  industrial 
statistics  may  determine.  Blank  applications  shall 
be  prepared  and  furnished  by  the  commissioner  of 
labor  and  industrial  statistics.  Before  any  such  li¬ 
cense  is  granted,  an  inspection  of  the  room,  apart¬ 
ment,  or  building  sought  to  be  licensed,  must  be  made 
by  the  commissioner  of  labor  and  industrial  statis* 
tics,  factory  inspector  or  assistant  factory  inspector. 
If  the  commissioner  of  labor  and  industrial  statis¬ 
tics,  factory  inspector,  or  assistant  factory  inspector, 
ascertain  that  such  room,  apartment  or  building,  is 
in  a  clean  and  proper  sanitary  condition,  and  that 
the  articles  specified  in  this  section  may  be  manu- 


40 


factured  therein  under  clean  and  healthful  condition, 
he  shall  grant  a  license  permitting  the  use  of  such 
room,  apartment  or  building,  for  the  purpose  of  man¬ 
ufacturing,  altering,  repairing,  or  finishing  such  arti¬ 
cles.  Each  license  shall  state  the  maximum  number 
of  persons  who  may  be  employed  in  the  room  or 
rooms  to  which  such  license  relates.  The  number 
of  persons  to  be  so  employed  shall  be  determined 
by  the  number  of  cubic  feet  of  air  space  contained 
in  each  room  or  apartment  mentioned  in  such  license, 
allowing  not  less  than  two  hundred  and  fifty  cubic 
feet  for  each  person  employed  between  the  hours 
of  six  o'clock  in  the  morning  and  six  o’clock  in  the 
evening,  and  unless  by  a  special  writte*n  permit  of 
the  commissioner  of  labor  and  industrial  statistics, 
factory  inspector,  or  assistant  factory  inspector,  not 
less  than  four  hundred  cubic  feet  for  each  person 
employed  therein  between  the  hours  of  six  in  the 
evening  and  six  in  the  morning,  but  no  such  permit 
shall  be  issued  unless  such  room  or  apartment  has 
suitable  light  at  all  times  during  such  hours,  while 
such  persons  are  employed  therein.  Such  license 
must  be  posted  in  a  conspicuous  place  in  the-  room 
or  apartment  to  which  it  relates.  It  may  be  revoked 
by  the  commissioner  of  labor  and  industrial  statis¬ 
tics,  factory  inspector  or  assistant  factory  inspector, 
if  the  health  of  the  community  or  of  the  employes 
requires  it,  or  if  it  appears  that  the  rooms  or  apart¬ 
ments,  to  which  such  license  relates,  are  not  in  a 
healthy  and  proper  sanitary  condition.  Every  room 
or  apartment  in  which  any  of  the  articles  named  in 
this  section  are  manufactured,  altered,  repaired  or 
finished,  shall  be  kept  in  a  clean  and  sanitary  con¬ 
dition  and  shall  be  subject  to  inspection  and  exam¬ 
ination  by  the  commissioner  of  labor  and,  industrial 


41 


statistics,  factory  inspector,  or  assistant  factory  in¬ 
spector,  for  the  purpose  of  ascertaining  whether  said 
garments  or  articles  or  any  part  or  parts  thereof  are 
clean  end  free  from  vermin  and  every  matter  of  in¬ 
fectious  or  contagious  nature.  No  person,  firm  or 

I 

corporation,  shall  hire,  employ  or  contract  with  any 
member  of  a  family  or  any  person,  firm  or  corpora¬ 
tion  not  holding  a  license  therefor,  to  manufacture, 
alter,  repair  or  finish  any  of  the  articles  named  in 
this  section  in  any  room  or  apartment  in  any  tene¬ 
ment  or  dwelling  house  or  in  any  room  or  apartment 
in  any  building  situated  in  the  rear  of  a  tenement 
or  dwelling  house  as  aforesaid;  and  no  person,  firm 
or  corporation  shall  receive,  handle  or  convey  to 
others  or  sell,  hold  in  stock  or  expose  for  sale,  any 
goods  mentioned  in  this  section  unless  made  under 
the  sanitary  conditions  and  in  accordance  with  this 
act.  This  section  shall  not  prevent  the  employment 
of  a  tailor  or  seamstress  by  any  person  or  family 
for  the  purpose  of  making,  altering,  repairing  or  fin¬ 
ishing  any  article  of  wearing  apparel  for  such  person 
or  for  family  use.  1  ■ 

Appeal  to  Board  of  Health. — Section  2.  When¬ 
ever  the  commissioner  of  labor  and  industrial  statis¬ 
tics,  factory  inspector  or  assistant  factory  inspector 
in  his  judgment  revokes  or  refuses  to  grant  a  license 
to  any  person  or  persons  because  of  the  unhealthy 
or  unsanitary  conditions  in  or  surrounding  the  place 
where  any  of  the  aforesaid  goods  are  or  are  to  be 
manufactured,  the  person  or  persons  aggrieved  by 
such  decision  may  appeal  to  the  board  of  health  of 
such  city,  village  or  town  wherein  said  license  was 
refused  or  revoked.  The  board  of  health  after  receiv¬ 
ing  a  written  notice  of  the  appeal  from  the  person 
or  persons  aggrieved,  shall  immediately  investigate 


42 


the  conditions  and  surroundings  of  the  place  where¬ 
in  any  of  the  goods  are  or  are  to  he  manufactured 
as  mentioned  in  the  aforesaid,  and  if  they  find  that 
a  license  can  be  granted  without  injuring  or  impair¬ 
ing  the  public  health,  then  such  finding  shall  be  im¬ 
mediately  reported  in  writing  to  the  commissioner  of 
labor  and  industrial  statistics  who  shall  thereupon 
grant  such  license. 

May  require  Separate  Rooms;  Sanitary  Measures. 

■ — Section  3.  The  commissioner  of  labor  and  indus¬ 
trial  statistics,  factory  inspector  or  any  assistant  fac¬ 
tory  inspector,  may  when  he  deems  it  necessary,  re¬ 
quire  that  all  rooms  or  apartments  used  for  the  pur¬ 
pose  of  manufacturing,  altering,  repairing  or  finish¬ 
ing  therein,  any  of  the  aforesaid  goods  or  articles  as 
mentioned  in  section  1  shall  be  separate  from  and 
have  no  door,  window  or  other  opening  into  any  liv¬ 
ing  or  sleeping  room  of  any  tenement  or  dwelling 
and  that  no  such  rooms  or  apartments  shall  be  used 
at  any  time  for  sleeping  purposes  and  shall  contain 
no  bed,  bedding  or  cooking  utensils.  He  may  fur¬ 
ther  require  or  direct  a  separate  outside  entrance  to 
the  room  or  apartments  where  the  work  is  carried 
on,  and  if  such  work  is  carried  on  above  the  first 
floor,  then  there  may  be  directed  a  separate  and  dis¬ 
tinct  stairway  leading  thereto  and  every  such  room 
or  apartment  shall  be  well  and  sufficiently  lighted, 
heated  and  ventilated  by  ordinary,  or  if  necessary, 
by  mechanical  appliance.  He  may  also  require  suit¬ 
able  closet  arrangements  for  each  sex  employed  as 
follows:  Where  there  are  ten  or  more  persons  and 
three  or  more  to  the  number  of  twenty  are  of  either 
sex,  a  separate  and  distinct  water  closet,  either  in¬ 
side  the  building  with  adequate  plumbing  connections 
or  on  the  outside,  at  least  twenty  feet  from  the  build 


43— 


ing,  shall  he  provided  for  each  sex.  When  the  num¬ 
ber  employed  is  more  than  twenty-five  of  either  sex, 
there  shall  be  provided  an  additional  water  closet  for 
such  sex  up  to  the  number  of  fifty  persons,  and  above 
that  number  in  the  same  ratio,  and  all  such  closets 
shall  be  kept  strictly  and  exclusively  for  the  use  of 
the  employes  and  employer  or  employers.  All  clos¬ 
ets  shall  be  regularly  disinfected  and  the  commis¬ 
sioner  of  labor  and  industrial  statistics,  factory  in¬ 
spector  or  (any)  assistant  factory  inspector  may  re¬ 
quire  all  other  necessary  changes  or  any  process  of 
cleaning,  painting  or  whitewashing  which  they  may 
deem  necessary  before  the  issuing  of  the  license. 

Register  of  Persons  to  whom  work  is  given. — Sec¬ 
tion  4.  Any  person,  firm  or  corporation,  by  them¬ 
selves  or  by  their  agents  or  managers,  contracting 
for  the  manufacturing,  altering,  repairing,  or  finish¬ 
ing  of  any  of  the  articles  mentioned  in  section  1  of 
this  act,  or  giving  out  material  from  which  they  or 
any  part  of  them  are  to  be  manufactured,  altered, 
repaired  or  finished,  shall  keep  a  register  of  the 
names  and  addresses,  plainly  written  in  English,  of 
the  persons  to  whom  such  articles  or  materials  are 
given  to  be  so  manufactured,  altered,  repaired  or 
finished  or  with  whom  they  have  contracted  to  do 
the  same.  Such  register  shall  be  subject  to  inspec¬ 
tion  on  demand,  by  the  commissioner  of  labor  and 
industrial  statistics,  factory  inspector,  or  (any)  as¬ 
sistant  factory  inspector,  and  a  copy  thereof  shall  be 
furnished  at  his  requets. 

Board  of  Health  to  Condemn;  when. — Section  5. 
If  the  commissioner  of  labor  and  industrial  statistics, 
factory  inspector  or  (any)  assistant  factory  inspector 
find  that  infectious  or  contagious  diseases  exist  in  a 
workshop,  room  or  apartment  of  a  tenement  or  dwell- 


44 


ing  house  or  of  a  building  in  the  rear  thereof  in 
which  any  of  the  articles  specified  in  section  1  of  this 
act  are  being  manufactured,  altered,  repaired  or  fin¬ 
ished  or  that  articles  manufactured  or  in  process  of 
manufacture  therein  are  infected  or  that  goods  used 
therein  are  unfit  for  use,  he  shall  report  to  the  local 
board  of  health,  and  such  board  shall  issue  such  order 
as  the  public  health  may  require.  Such  board  may 
condemn  and  destroy  all  such  infectious  article  or  ar¬ 
ticles  manufactured  or  in  the  process  of  manufacture 
under  unclean  or  unhealthful  conditions. 

Owners  of  Tenement  and  Dwelling  Houses  not  to 
permit  the  unlawful  use  thereof. — Section  6.  The 
owner,  lessee  or  agent  of  a  tenement  or  dwelling 
house  or  of  a  building  in  the  rear  of  a  tenement  or 
dwelling  house  shall  not  permit  the  use  thereof  for 
the  manufacture,  repair,  alteration  or  finishing  of 
arvy  of  the  articles  mentioned  in  this  act  contrary 
to  its  provisions.  If  a  room  or  apartment  in  such 
tenement  or  dwelling  house  or  in  a  building  in  the 
rear  of  a  tenement  or  dwelling  house  be  so  unlawfully 
used,  the  commissioner  of  labor  and  industrial  statis¬ 
tics,  factory  inspector,  or  (any)  assistant  factory  In¬ 
spector,  shall  serve  a  notice  thereof  upon  such  owner, 
lessee  or  agent.  Unless  such  owner,  lessee  or  agent 
shall  cause  such  unlawful  manufacture  to  be  discon¬ 
tinued  within  thirty  days  after  the  service  of  such 
notice  or  within  fifteen  days  thereafter,  institutes  and 
faithfully  prosecutes  proceedings  for  the  disposses¬ 
sion  of  the  occupant  of  a  tenement  or  dwelling  house 
or  of  a  building  in  the  rear  of  a  tenement  or  dwell¬ 
ing  house  who  unlawfully  manufactures,  repairs,  al¬ 
ters  or  finishes  such  articles  in  any  room  or  apart¬ 
ment  therein,  he  shall  be  deemed  guilty  of  a  viola- 


45— 


tion  of  this  act  as  if  he  himself  was  engaged  in  such 
unlawful  manufacture,  repair,  alteration  or  finishing. 

Penalty. — Section  7.  Any  person,  firm  or  corpo¬ 
ration,  agent  or  manager  of  any  corporation  who 
whether  for  himself  or  for  such  firm  or  corporation 
or  by  himself  or  through  agents,  servants  or  fore¬ 
men  shall  violate  any  of  the  provisions  of  this  act 
shall  upon  conviction  thereof  be  fined  in  any  sum 
not  less  than  twenty  dollars  nor  more  than  one  hun¬ 
dred  dollars  for  each  offense,  or  imprisoned  not  less 
than  twenty  or  more  than  sixty  days  or  both,  and 
in  all  prosecutions  brought  by  or  under  the  di¬ 
rection  of  the  commissioner  of  labor  and  industrial 
statistics  for  the  violation  of  this  act,  he  shall  not 
be  held  to  give  security  for  costs  or  adjudged  to  pay 
any  costs  but  in  all  cases  where  the  accused  be 
acquitted  or  is  found  to  be  indigent,  the  costs  shall 
be  paid  out  of  the  county  treasury  of  the  county  in 
•which  the  proceedings  are  brought  the  same  as  the 
costs  in  all  other  cases  of  misdemeanor. 

Section  8.  Chapter  232  of  the  laws  of  1899  is  here¬ 
by  repealed. 

MANUFACTURE  OF  CIGARS. 

Chapter  79,  Laws  of  1899. 

Regulating  the  manufacture  of  cigars. 

Location. — Section  1.  No  shop  or  place  wherein 
cigars  are  manufactured  shall  be  located  below  the 
ground  floor. 

Square  Feet  of  Surface  to  be  given. — Section  2. 
Each  employee  in  any  shop  or  place  wherein  cigars 
are  manufactured,  shall,  while  actually  employed,  be 
allowed  to  use  twenty  square  feet  of  surface  space, 
unobstructed  to  the  ceiling. 


46— 


Cubic  Feet  of  Air  Space  to  contain. — Section  3. 

Every  room  wherein  cigars  are  manufactured  shall 
contain  at  least  seven  hundred  cubic  feet  of  air  space. 
It  shall  in  every  part  be  not  less  than  eight  feet 
in  height,  from  floor  to  ceiling,  every  window  shall 
have  not  less  than  twelve  square  feet  in  superficial 
area,  and  the  entire  area  of  window  surface  shall  not 
be  less  than  twelve  per  cent,  of  the  floor  space  of  such 
room. 

Ventilation. — Section  4.  Every  room  in  which  ci¬ 
gars  are  manufactured  while  work  is  carried  on  shall 
be  so  ventilated  that  the  air  shall  not  become  im¬ 
pure  and  injurious  to  the  health  of  the  persons  em¬ 
ployed  therein,  and  it  shall  wherever  necessary,  by 
the  means  of  air  shafts  or  other  ventilation,  be  so 
changed  as  to  render  harmless  all  gases,  dust  and 
other  impurities  generated  in  the  process  of  manu¬ 
facturing  cigars.  All  windows  are  to  be  kept  open 
for  thirty  minutes  before  working  hours  and  for 
thirty  minutes  after  working  hours. 

<Ciean;  free  from  dust. — Section  5.  Every  such 
shop  or  place  in  which  one  or  more  persons  are  em¬ 
ployed  and  every  such  factory  in  which  five  or  more 
persons  are  employed,  shall  be  kept  clean.  The  dust 
must  be  removed  from  work  tables  and  floors  once 
every  day,  the  floors  scrubbed  at  least  once  a  week 
and  one  cuspidor  provided  for  every  two  employes. 

Persons  under  Eighteen. — Section  6.  No  person 
under  eighteen  years  of  age  shall  be  employed  or 
permitted  to  work  in  a  cigar  shop  or  cigar  factory 
at  manufacturing  cigars  for  longer  than  eight  hours 
a  day  or  forty-eight  hours  a  week. 

Sanitary  Measures. — Section  7.  Where  men  and 
women  are  employed  there  shall  be  separate  dress¬ 
ing  rooms  and  water  closets  for  the  different  sexes. 


Penalty. — Section  8.  Any  person  violating  any 
provisions  of  this  act  shall  be  punished  by  fine  not 
exceeding  twenty-five  dollars  and  no  less  than  ten 
dollars  for  the  first  offense,  and  by  fine  not  exceed* 
ing  fifty  dollars,  and  no  less  than  twenty-five  dollars 
for  the  second  and  each  following  offense. 

Factory  Inspector  to  enforce. — Section  9.  The 
factory  inspector  shall  have  full  power  and  it  shall 
be  his  duty  to  enforce  all  the  provisions  of  this  act, 
but  no  prosecution  shall  be  instituted  for  any  viola¬ 
tion  of  sections  2,  3  and  4  unless  the  employer  or 
manufacturer,  or  the  firm  has  been  notified  by  a  no¬ 
tice  sent  in  a  registered  letter  for  at  least  four  weeks 
prior  to  a  prosecution,  requiring  the  necessary 
changes  in  the  factory  workshop,  and  such  request 
has  not  been  complied  with. 

Section  10.  All  acts  or  parts  of  act  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed. 

Egan  vs.  Health  Department,  45  N.  Y.  S.,  325. 

Barber  vs.  Connolly,  113  U.  S.,  27. 

City  of  Newton  vs.  Joyce,  44  N.  E.,  116. 

Ex  parte  White,  67  Cal.,  102. 

Beer  Co.  vs.  Mass.,  97  U.  S.,  25. 

In  re  Roe  Cheney,  49  P.,  952. 

State  vs.  Gardner,  51  N.  E.,  163. 

State  vs.  Bevins,  41  A.,  655. 

Hall  vs.  State,  39  Fla.,  637. 


BOARD  OF  HEALTH. 

Abatement  of  Nuisance. — Section  925 — 111a.  The 
commissioner  of  public  health  or  any  person  acting 
under  him  shall  have  authority  to  enter  into  and 
examine  at  any  time  all  buildings,  lots  and  places  of 


48 


any  description  within  the  city  for  the  purpose  of 
ascertaining  the  condition  thereof  so  far  as  the  pub¬ 
lic  health  may  be  affected  thereby,  and  any  person 
refusing  to  allow  entrance  into  or  upon  his  premises 
at  reasonable  hours  for  such  purpose  shall  on  con¬ 
viction  thereof,  be  fined  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars;  and  in  all  cases 
in  which  the  commissioner  shall  deem  it  necessary 
for  the  protection  of  the  health  of  the  city  to  abate 
or  remove  any  nuisance,  source  of  filth  or  cause  of 
sickness  which  shall  be  found  on  private  property, 
he  shall  cause  a  notice  to  be  served  on  the  owner 
or  occupant  thereof  requiring  him  to  remove  the 
same  at  his  own  expense  within  a  reasonable  time, 
not  less  than  twenty-four  hours,  and  if  said  owner 
or  occupant  shall  refuse  or  neglect  to  comply  with 
such  notice,  or  if  such  nuisance,  source  of  filth  or 
cause  of  sickness  exist  on  the  property  of  non-resi¬ 
dent  owners  or  upon  property  the  owners  of  which 
cannot  be  found,  the  commissioner  shall  cause  the 
removal  of  such  nuisance,  source  of  filth  or  cause 
of  sickness  under  his  direction  at  the  expense  of  the 
city,  and  the  cost  thereof  shall  be  charged  n  gainst 
the  lots,  pieces  or  parcels  of  land  upon  wThieh  said 
work  was  done,  and  shall  be  assessed  against  said 
property  in  the  manner  provided  for  the  assessment 
of  other  special  taxes.  The  commissioner  shall,  in 
each  year,  certify  to  the  tax  commissioner  or  city 
clerk,  in  time  for  insertion  in  the  tax  roll,  a  certified 
list  of  all  special  taxes  to  be  levied  by  reason  of  work 
done  as  herein  required,  and  such  certified  list  shall 
be  prima  facie  evidence  of  the  legality  and  regular¬ 
ity  of  said  special  taxes,  and  they  shall  be  included 
in  the  list  of  such  taxes  in  the  tax  roll  of  the  city 
before  delivery  of  the  same  to  the  city  treasurer. 


49- 


Duties  of  Police  and  other  Officers. — Section  925 — 
112a.  It  shall  be  the  duty  of  the  members  of  the 
poilce  force  of  the  city  and  all  magistrates  and  other 
civil  officers  and  all  citizens  to  aid  to  the  utmost 
of  their  power  the  commissioner  of  public  health  in 
the  discharge  of  his  duties,  and  on  his  requisition  it 
shall  be  the  duty  of  the  chief  of  police  to  serve  or 
detail  one  or  more  of  the  policemen  to  serve  the  no¬ 
tices  issued  by  said  commissioner  and  to  perform 
such  other  duties  as  he  may  require. 

People  vs.  Board  of  Health,  23  L.  R.  H.,  481. 

Cavanagh  vs.  Boston,  139  Mass.,  426. 


Chapter  225  of  Laws  of  1901. 

Authorizing  boards  of  health  to  inspect  and  regulate 
the  sanitary  condition  of  school  houses,  and  other 
public  buildings. 

Boards  to  inspect. — Section  1.  It  shall  be  the  duty 
of  the  proper  officer  or  officers  of  boards  of  health 
organized  under  and  by  virtue  of  general  or  special 
law,  to  inspect  the  school  houses  and  public  build¬ 
ings  within  the  district  over  which  the  board  appoint¬ 
ing  such  officer  has  jurisdiction,  with  sufficient  fre¬ 
quency  to  determine  whether  such  buildings  are  kept 
in  a  sanitary  condition.  And  the  board  of  health  of 
any  village  or  town  may  take  such  measures  and 
make  such  rules  and  regulations  as  they  may  deem 
most  effectual  for  the  preservation  of  public  health 
and  to  carry  out  the  purposes  of  this  act;  and  for 
that  purpose  all  the  powers  now  conferred  on  boards 


—50— 


of  health  in  cases  of  contagious  diseases  are  hereby 
conferred. 

Hurst  vs.  Warner,  102  Mich.,  238. 

In  re  Gunn,  16  Wis.,  432-33. 

State  vs.  Brudge,  95  Wis.,  390. 

Abeel  vs.  Clark,  24  Pac.  Rep.,  383. 

Bissell  vs.  Davison,  32  Atl.  Rep.,  348. 


Chapter  420,  Laws  of  1901. 

To  create  free  employment  offices  in  certain  cities, 
regulating  the  same,  providing  for  the  appoint¬ 
ment  of  a  superintendent,  fixing  his  salary,  li¬ 
censing  private  employment  agencies,  fixing  penal¬ 
ties  for  a  violation  of  its  provision  and  making  ap¬ 
propriation  therefor. 

Where  Located. — Section  1.  A  free  employment 
office  is  hereby  created  in  each  city  of  a  population 
of  thirty  thousand  or  over  according  to  the  last  state 
or  national  census;  for  the  purpose  of  receiving  ap¬ 
plications  of  persons  seeking  employment,  and  appli¬ 
cations  of  persons  seeking  to  employ  labor.  Such 
office  shall  be  designated  and  known  as  Wisconsin 
free  employment  office. 

Appointment;  Salary;  Offices. — Section  2.  Within 
thirty  days  after  this  act  shall  have  been  in  force, 
the  commissioner  of  the  bureau  of  labor  and  indus¬ 
trial  statistics  shall  recommend,  and  the  governor 
shall  appoint  a  superintendent  for  each  of  the  offices 
created  by  section  one  of  this  act,  and  who  shall  de¬ 
vote  their  entire  time  to  the  duties  of  their  respective 
offices.  The  tenure  of  such  appointment  shall  be  two 
years,  unless  sooner  removed  for  cause.  The  salary 
of  each  superintendent  shall  be  twelve  hundred  dol- 


—51— 


lars  per  annum,  which  sum,  together  with  the  proper 
amounts  for  defraying  the  necessary  costs  of  equip¬ 
ping  and  maintaining  the  respective  offices,  rent  for 
such  offices  not  to  exceed  five  hundred  dollars  per 
annum,  shall  be  paid  out  of  any  funds  in  the  state 
treasury  not  otherwise  appropriated. 

Office;  Signs;  Record  Books;  Registers. — Section 
3.  The  superintendent  of  each  such  free  employment 
office  shall,  within  sixty  days  after  appointment,  open 
an  office  in  such  locality  as  shall  have  been  agreed 
upon  between  such  superintendent  and  the  commis¬ 
sioner  of  the  bureau  of  labor  and  industrial  statis¬ 
tics  as  being  most  appropriate  for  the  purpose  in¬ 
tended;  provided  that  said  employment  office  shall 
be  occupied  in  conjunction  with  the  bureau  of  labor 
and  industrial  statistics  when  such  bureau  has  an 
office  in  any  of  said  cities,  and  in  case  said  bureau 
has  no  office  in  any  of  said  cities,  then  in  that  case 
the  city  council  wherein  said  free  employment  office 
is  established  shall  furnish  and  equip  an  office  for 
said  employment  bureau,  either  in  conjunction  with 
a  department  of  said  city  or  separately  without  cost 
to  the  state,  such  office  to  be  provided  with  a  suffi¬ 
cient  number  of  rooms  or  apartments  to  enable  him 
to  provide,  and  he  shall  so  provide,  a  separate  room 
or  apartment  for  the  use  of  women  registering  for 
situations  or  help.  Upon  the  outside  of  each  such 
office,  in  position  and  manner  to  secure  the  fullest 
public  attention,  shall  be  placed  a  sign  which  shall 
read  in  the  English  language,  “Wisconsin  Free  Em¬ 
ployment  Office,”  and  the  same  shall  appear  either 
upon  the  outside  windows  or  upon  signs  in  such 
other  languages  as  the  location  of  such  office  shall 
render  advisable.  The  superintendent  of  each  such 
free  employment  office  shall  receive  and  record  in 


52- 


books  kept  for  that  purpose  names  of  all  persons- 
applying  for  employment  or  help,  designating  oppo¬ 
site  the  name  and  address  of  each  applicant  the  char¬ 
acter  of  employment  or  help  desired.  Separate  regis¬ 
ters  for  applicants  for  employment  shall  be  kept, 
showing  the  age,  sex,  nativity,  trade  or  occupation 
of  each  applicant,  the  cause  and  duration  of  non-em¬ 
ployment,  whether  married  or  single,  the  number  of 
dependent  children,  together  with  such  other  facts 
as  may  be  required  by  the  bureau  of  labor  and  in¬ 
dustrial  statistics  to  be  used  by  said  bureau:  Pro¬ 
vided,  that  no  such  special  registers  shall  be  open 
to  public  inspection  at  any  time,  and  that  such  sta¬ 
tistical  and  sociological  data  as  the  bureau  of  labor 
may  require  shall  be  held  in  confidence  by  said  bu¬ 
reau,  and  so  published  as  not  to  reveal  the  identity 
of  any  applicant.  And,  provided,  further,  that  any 
applicant  who  shall  decline  to  answer  the  questions 
contained  in  special  register  shall  not  thereby  forfeit 
any  right  to  any  employment  the  office  might  secure. 

Report  to  the  Commissioner;  Lists  posted;  Duty 
of  Factory  Inspector. — Section  4.  Each  superin¬ 
tendent  shall  report  on  Thursday  of  each  week  to 
the  state  bureau  of  labor  and  industrial  statistics  the 
number  of  applications  for  positions  and  for  help 
received  during  the  preceding  week,  also  those  un¬ 
filled  applications  remaining  on  the  books  at  the  be¬ 
ginning  of  the  week.  Such  lists  shall  not  contain  the 
names  or  addresses  of  any  applicant,  but  shall  show 
the  number  of  situations  desired  and  the  number 
of  persons  wanted  at  each  specified  trade  or  occupa¬ 
tion.  It  shall  also  show  the  number  and  character 
of  the  positions  secured  during  the  preceding  week. 
Upon  receipt  of  these  lists,  and  not  later  than  Sat¬ 
urday  of  each  week,  the  commissioner  of  the  said 


bureau  of  labor  and  industrial  statistics  shall  cause 
to  be  printed  a  sheet  showing  separately  and  in  com¬ 
bination  the  lists  received  from  all  such  free  employ¬ 
ment  offices;  and  he  shall  cause  a  sufficient  number 
of  such  sheets  to  be  printed  to  enable  him  to  mail, 
and  he  shall  so  mail,  on  Saturday  of  each  week,  two 
of  said  sheets  to  each  superintendent  of  a  free  em¬ 
ployment  office,  one  to  be  filed  by  said  superintendent 
and  one  to  be  conspicuously  posted  in  each  such  of¬ 
fice.  A  copy  of  such  sheet  shall  also  be  mailed  on 
each  Saturday  by  the  commissioner  of  the  state  bu¬ 
reau  of  labor  and  industrial  statistics  to  the  state 
inspector  of  factories.  It  is  hereby  made  the  duty 
of  said  factory  inspector  to  do  all  he  reasonably  can 
to  assist  in  securing  situations  for  such  applicants 
for  work,  to  secure  for  the  free  employment  offic°s 
the  co-operation  of  the  employers  of  labor  in  facto¬ 
ries,  to  immediately  notify  the  superintendent  of  free 
employment  offices  of  any  and  all  vacancies  or  op¬ 
portunities  of  employment  that  shall  come  to  his  no¬ 
tice. 

Superintendent  to  communicate. — Section  5.  It 
shall  be  the  duty  of  each  such  superintendent  of  a 
free  employment  office  to  immediately  put  himself 
in  communication  with  the  principal  manufacturers, 
merchants  and  other  employers  of  labor,  and  to  use 
all  diligence  in  securing  the  co-operation  of  the  said 
employers  of  labor,  with  the  purposes  and  objects  of 
such  employment  offices. 

Report. — Section  6.  It  shall  be  the  duty  of  each 
such  superintendent  to  make  a  report  to  the  state 
bureau  of  labor  and  industrial  statistics  annually, 
not  later  than  December  first  of  each  year,  concern¬ 
ing  the  work  of  his  office  for  the  year  ending  October 
first  of  same  year,  together  with  a  statement  of  the 


—54 


expenses  of  the  same,  and  such  reports  shall  be  pub¬ 
lished  by  the  said  bureau  of  labor  and  industrial 
statistics  annually.  Each  such  superintendent  shall 
also  perform  such  other  duties  in  the  collection  of 
statistics  of  labor,  as  the  commissioner  of  the  bureau 
of  labor  and  industrial  statistics  may  require. 

Fee  or  compensation;  Penalty. — Section  7.  No  fee 
or  compensation  shall  be  charged  or  received,  direct¬ 
ly  or  indirectly,  from  any  person  or  corporation  ap¬ 
plying  for  employment  or  help  through  said  free  em¬ 
ployment  offices;  and  any  superintendent  or  clerk 
who  shall  accept,  directly  or  indirectly,  any  fee  or 
compensation  from  any  applicant,  or  from  his  or  her 
representative,  shall  be  deemed  guilty  of  a  misde¬ 
meanor,  and,  upon  conviction  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  fifty  dollars 
and  imprisoned  in  the  county  jail  not  more  than 
thirty  days. 

Strike  or  lock-out. — Section  8.  In  no  case  shall 
the  superintendent  of  any  free  employment  office  cre¬ 
ated  by  this  act,  furnish  or  cause  to  be  furnished, 
workmen  or  other  employes  to  any  applicant,  for  help 
whose  employes  are  at  that  time  on  strike  or  lock¬ 
out;  nor  shall  any  list,  of  names  and  addresses  of 
applicants  for  employment  be  showm  to  any  employer 
whose  employes  are  on  a  strike  or  locked  out;  nor 
shall  such  list  be  exposed  where  it  can  be  copied 
or  used  by  an  employer  wdiose  employes  are  on  a 
strike  or  lock  out. 

Applicant;  Work. — Section  9.  The  term  “appli¬ 
cant  for  employment”  as  used  in  this  act  shall  be 
construed  to  mean  any  person  seeking  work  of  any 
lawful  character,  and  “applicant  for  help”  shall  mean 
any  person  or  persons  seeking  help  in  any  legitimate 
enterprise.  Nothing  in  this  act  shall  be  construed 

) 


to  limit  the  meaning  of  the  term  “work”  to  manual 
ocupation,  but  it  shall  include  professional  service, 
and  any  and  all  other  legitimate  services. 

Private  Employment  Agency;  License;  Sign. — 
Section  10.  No  person,  firm  or  corporation  in  the 
cities  designated  in  section  one,  of  this  act,  shall 
open,  operate  or  maintain  a  private  employment 
agency  for  hire  or  where  a  fee  is  charged  to  either 
applicants  for  employment  or  for  help,  without  first 
having  obtained  a  license  from  the  secretary  of  state, 
for  which  license  he  shall  .pay  one  hundred  dollars 
per  annum;  and  no  such  private  agent  shall  print, 
publish,  or  cause  to  be  printed  or  published,  or  paint 
on  any  sign,  window  or  newspaper  publication,  a 
name  similar  to  that  of  the  Wisconsin  Free  Employ¬ 
ment  Offices.  And  any  person,  firm  or  corporation 
violating  the  provisions  of  this  act,  or  any  part  there¬ 
of,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  confiction  such  person,  firm  or,  if  a  corpora¬ 
tion,  all  the  officers  thereof,  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  fifty  dollars. 

Superintendent;  Removal. — Section  11.  When¬ 
ever,  in  the  opinion  of  the  commissioner  of  the  bu¬ 
reau  of  labor  and  industrial  statistics,  the  superin¬ 
tendent  of  any  free  employment  office  is  not  duly 
diligent  in  the  performance  of  his  duties,  he  may 
summon  such  superintendent  to  appear  before  him 
to  show  cause  why  he  should  not  be  recommended 
to  the  governor  for  removal,  and  unless  such  cause 
is  clearly  shown  the  said  commissioner  may  so  rec¬ 
ommend.  In  considering  such  a  case,  a  low  percent¬ 
age  of  positions  secured  to  applicants  for  situations 
and  help  registered,  lack  of  intelligent  interest  in  the 
work,  or  a  general  inaptitude  or  inefficiency  may  be 
deemed  by  said  commissioner  sufficient  to  recommend 


56— 


a  removal.  And  if,  in  the  opinion  of  the  governor, 
such  lack  of  efficiency  cannot  be  remedied  by  reproval 
and  discipline,  he  shall  remove  such  person  from  of¬ 
fice  as  recommended  by  said  commissioner;  provided, 
that  the  governor  may  at  any  time  remove  any  su¬ 
perintendent  or  clerk  for  cause. 

Printing,  Blanks,  Postage,  etc. — Section  12.  All 
such  printing,  blanks,  bank  books,  stationery  and 
postage  as  may  be  necessary  for  the  proper  conduct 
of  the  business  of  the  offices  herein  created  shall  bo 
furnished  by  the  secretary  of  state  upon  requisition 
for  the  same  made  by  the  commissioner  of  the  bu¬ 
reau  of  labor  and  industrial  statistics. 

Section  13.  This  act  shall  take  effect  and  be  in 
force,  from  and  after  its  passage  and  publication. 


Chapter  213,  Laws  of  1899. 

Regulating  employment  and  intelligence  offices  and 

bureaus. 

License;  Penalty. — Section  1.  No  person  shall 
engage  in  the  business  of  keeping  an  employment  or 
intelligence  bureau  or  office  or  agency  for  the  pur¬ 
pose  of  hiring  men  to  work  for  others,  and  receive 
a  compensation  for  such  hiring  without  first  having 
obtained  a  license  so  to  do  as  hereinafter  provided; 
any  person  or  persons  who  shall  establish  or  keep 
any  office  or  place  within  said  state,  for  the  purpose 
of  obtaining  place  or  employment  for  laborers  of  any 
kind  whatever,  or  for  procuring  or  giving  informa¬ 
tion  concerning  such  places  or  employment  to  such 
laborers,  or  for  procuring  or  giving  information  con¬ 
cerning  such  laborers  to  employers,  shall  be 


deemed  a  keeper  of  an  employment  or  intelligence 
bureau,  office  or  agency;  and  any  person  who  shall 
engage  in  such  business  without  such  license,  shall 
be  guilty  of  a  misdemeanor  and  shall  upon  conviction 
thereof  be  punished  by  a  fine  not  exceeding  one  hun¬ 
dred  dollars  or  imprisonment  in  the  county  jail  not 
exceeding  ninety  days  or  both. 

Application. — Section  2.  Any  person  who  desires 
to  engage  in  any  such  business  may  apply  to  the  com¬ 
mon  council  if  such  business  be  carried  on  in  a  city, 
or  to  the  village  council  if  in  a  village,  or  to  the 
is  to  be  carried  on  if  in  the  country,  for  such  license, 
and  pay  into  the  treasury  of  such  city,  village  or 
county  board  of  the  county  in  which  such  business 
license,  and  shall  continue  to  be  in  force  until  the 
and  delivering  to  such  common  council,  village  coun¬ 
cil  or  county  board  a  bond  in  the  penal  sum  of  one 
thousand  dollars  with  sufficient  sureties,  or  in  lieu 
thereof  a  surety  bond  of  one  thousand  dollars,  to  be 
county,  the  sum  of  ten  dollars  and  upon  executing 
approved  by  such  common  council,  village  council 
or  county  board,  he  shall  be  entitled  to  such  license. 
Each  license  shall  designate  the  house  in  which  the 
person  licensed  shall  keep  his  office,  giving  street 
and  number  of  the  same,  and  the  number  of  such 
first  day  of  May  next  ensuing  the  date  thereof  and 
no  longer;  provided  always,  that  the  foregoing  license 
fee  shall  be  the  same  for  any  length  of  time  whether 
issued  for  a  year  on  the  first  day  of  May,  or  any 
fractional  part  thereof;  and  no  license  issued  here¬ 
under  shall  be  transferred  to  any  other  person  or 
persons  whatever  or  inure  to  the  benefit  of  any  other 
person  other  than  the  licensee. 

Bonds. — Section  3.  The  bonds  shall  run  to  the 
state  of  Wisconsin,  and  shall  be  conditioned  for  the 


—58- 


payment  of  any  damage  that  any  person  secured  or 
engaged  to  labor  for  others  by  the  obligator,  may  sus¬ 
tain  by  reason  of  any  unauthorized  act,  fraud  or  mis¬ 
representation  on  the  part  of  such  agent  for  such 
hiring.  The  bond  shall  be  filed  with  the  city  clerk 
if  approved  by  the  common  council,  with  the  village 
recorder  if  approved  by  the  village  council,  and  with 
the  county  clerk  if  approved  by  the  county  board  of 
any  county.  Any  person  licensed  and  having  given 
bond  as  herein  provided  may,  while  continuing  to  re¬ 
side  or  maintain  his  office  at  the  place  mentioned  in 
such  license,  prosecute  his  said  business  in  any  part 
of  the  state. 

Persons  Engaged  to  Work. — Section  4.  Every  per¬ 
son  hired  or  engaged  to  work  for  others  by  one  so 
licensed  as  aforesaid,  shall  be  furnished  a  written 
copy  in  duplicate  of  the  terms  of  such  hire  or  en¬ 
gagement,  rate  of  wages  or  compensation,  kind  of 
service  to  be  performed,  length  of  time  of  such  serv¬ 
ice,  with  full  name  and  address  of  the  person  or  per¬ 
sons,  firm  or  corporation  authorizing  the  hire  of  such 
person,  one  of  the  aforesaid  copies  to  be  delivered 
to  the  person  or  persons,  firm  or  corporation  for 
whom  the  contracted  labor  is  to  be  performed,  and 
the  other  to  be  retained  by  the  person  hired  as  afore¬ 
said. 

And  any  person  hired  or  engaged  to  work  for  others 
by  one  so  licensed  as  aforesaid,  who  shall  fail  to  get 
employment  according  to  the  terms  of  such  contract 
of  hire  or  employment,  by  reason  of  any  unauthorized 
act,  fraud  or  misrepresentation  on  the  part  of  such 
agent,  may  bring  an  action  upon  said  bond,  and  may 
recover  in  such  action  against  the  principal  and 
sureties  the  full  amount  of  his  damages  sustained  by 
reason  of  such  unauthorized  act,  fraud  or  misrepre- 


59— 


sentation,  together  with  his  costs,  disbursements,  in 
such  action;  provided  however,  that  nothing  con¬ 
tained  herein  shall  apply  to  agencies  conducted  by 
women  for  the  purpose  of  securing  employment  for 
females  only. 


Chapter  221,  Laws  of  1899. 

Regulating  the  payment  of  wages  in  time  checks  or 
other  paper  than  legal  money. 

Payable  where. — Section  1.  All  corporations  or 
individuals  paying  wages  in  time  chacks  or  other  pa¬ 
ger  than  legal  money,  shall  make  such  time  checks 
or  paper  payable  in  some  designated  place  of  business 
in  the  county  in  which  the  work  wras  performed  or 
at  the  office  of  such  corporation  or  individual  within 
the  state  of  Wisconsin,  or  at  any  bank  within  said 
state. 

Penalty. — Section  2.  Any  corporation  or  individ¬ 
ual  failing  to  comply  with  the  terms  of  the  above 
section  shall  upon  conviction  thereof  be  fined  not  to 
exceed  one  hundred  dollars  nor  less  than  ten  dollars. 


Chapter  47,  Laws  of  1901. 

Amending  section  1729a  of  chapter  83,  of  the  Wis¬ 
consin  statutes  of  1898,  relating  to  the  assign¬ 
ment  of  written  evidences  of  indebtedness  from 
employer  to  employe  for  wTages. 

Wages;  Written  Evidence  Negotiable. — Section 
1729a.  All  wages  or  compensation  for  labor  or  serv¬ 
ice,  unless  there  shall  be  a  written  contract  to  the 
contrary,  shall  be  paid  wreekly  or  bi-weekly  in  cash; 


60— 


provided,  that  this  section  shall  not  apply  to  agri¬ 
cultural  laborers,  commercial  travelers,  persons  em¬ 
ployed  on  commission,  traveling  employes  of  railway 
or  express  companies,  persons  employed  in  logging 
camps,  or  in  driving,  running  or  manufacturing  logs 
or  lumber,  nor  to  any  person  whose  occupation  is 
such  as  to  render  him  inaccessible  on  the  regular 
pay  day.  Whenever  any  person  engaged  in  lumber¬ 
ing  or  building  or  in  the  manufacture  of  lumber, 
shall  defer  the  payment  of  all  or  any  part  of  the 
wages  due  employes,  after  the  same  becomes  due,  such 
employer  shall,  on  demand,  give  his  employes  written 
evidence  of  indebtedness  for  the  amount  so  due 
them,  which  shall  be  payable  at  a  date  agreed  upon 
and  be  negotiable.  Any  such  employer  who  shall 
refuse  to  give  such  evidence  of  indebtedness  for 
money  earned,  shall  forfeit  not  more  than  fifty  dol¬ 
lars. 

Section  2.  A1  acts,  or  parts  of  acts,  in  conflict 
with  this  act,  are  hereby  repealed. 

Avent  Beattyville  C.  Co.  vs.  Commonwealth,  96  Ky., 
218. 

Hancock  vs.  Yader,  121  Ind.,  366. 

Peel  Splint  C.  Co.  vs.  State,  36  W.  Va.,  802. 

See  note  in  28  L.  R.  H.,  273-344. 


LABELS  AND  TRADE  MARKS. 

Record;  Certificate. — Section  1747a.  Any  person, 
association  or  union  of  workingmen  which  has  here¬ 
tofore  adopted  or  used  or  shall  hereafter  adopt  or 
use  any  label,  trade  mark,  design,  device  or  form 
of  advertisement  for  the  purpose  of  designing,  mak¬ 
ing  known  or  distinguishing  any  goods,  wares,  mer- 


—61 


chandise  or  other  product  of  labor  as  having  been 
made,  manufactured,  produced,  prepared,  packed  or 
put  on  sale  by  such  person,  association  or  union,  or 
by  a  member  or  members  thereof,  may  file  the  same 
for  record  in  the  office  of  the  secretary  of  state  by 
leaving  two  copies,  counterparts  or  facsimiles  thereof, 
with  said  secretary  and  by  filing  therewith  a  sworn 
statement  specifying  the  name  of  the  person,  asso¬ 
ciation  or  union  on  whose  behalf  such  label,  trade 
mark,  term,  design,  device  or  form  of  advertisement 
is  to  be  filed,  the  class  of  merchandise  and  a  sepa¬ 
rate  description  of  the  goods  to  which  the  same  has 
been  or  is  intended  to  be  appropriated,  that  the  party 
on  whose  behalf  such  label,  trade  mark,  term,  de¬ 
sign,  device  or  form  of  advertisement  is  to  be  filed 
has  the  right  to  the  use  of  the  same  and  that  no 
other  person,  firm,  association,  union  or  corporation 
has  such  right  either  in  the  identical  form  or  in  any 
such  near  resemblance  thereto  as  may  be  calculated 
to  deceive,  and  that  the  copies,  counterparts,  or  fac¬ 
similes  filed  therewith  are  correct.  The  papers  so 
required  to  be  filed  shall  be  recorded  in  a  book  kept 
for  that  purpose,  and  there  shall  be  paid  the  secre¬ 
tary  of  state  for  such  recording  and  filing  one  dollar. 

Certificate;  Evidence. — Section  1747b.  Said  secre¬ 
tary  shall  deliver  to  the  person,  association  or  union 
so  filing  or  causing  to  be  filed  any  such  label,  trade 
mark,  term,  design,  device  or  form  of  advertisement 
so  many  duly  attested  certificates  of  the  filing  and 
recording  of  the  same  as  may  be  desired,  and  shall 
receive  for  each  such  certificate  a  fee  of  one  dol¬ 
lar.  Any  such  certificate  shall,  in  all  suits  and  pros¬ 
ecutions  arising  out  of  or  depending  upon  any  rights 
claimed  under  such  label,  trade  mark,  term,  design, 
device  or  form  of  advertisement,  be  sufficient  proof 


62 


of  the  adoption  thereof.  The  secretary  of  state  shall 
not  record  any  label,  trade  mark,  term,  design,  de¬ 
vice  or  form  of  any  advertisement  that  may  reason¬ 
ably  be  mistaken  for  anything  theretofore  filed  in 
his  office  under  the  provisions  of  this  chapter. 

Fraudulent  Filing;  Damages. — Section  1747c.  Any 
person  who  shall  for  himself  or  on  behalf  of  any 
other  person,  association  or  union,  procure  the  filing 
of  any  label,  trade  mark,  term,  design,  device  or 
form  of  advertisement  under  the  provisions  of  the 
preceding  section  by  making  any  false  or  fraudulent 
representations  or  declarations,  verbally  or  in  writ¬ 
ing,  or  by  any  other  fraudulent  means  shall  be  lia¬ 
ble  for  any  damages  sustained  in  consequence  there¬ 
of,  to  be  recovered  by  or  on  behalf  of  the  party 
injured  thereby,  and  shall  also  be  punished  as  pro¬ 
vided  by  law. 

Record  of  Brands,  etc. — Section  1747d.  The  sec¬ 
retary  of  state  shall,  on  application  by  any  person 
or  firm  domiciled  in  this  state  or  by  any  corporation 
created  under  the  laws  thereof  and  engaged  in  the 
manufacture  or  sale  of  ale,  porter,  lager  beer,  soda 
water,  mineral  water  or  other  beverages  put  up  in 
packages,  record  in  a  book  kept  for  that  purpose  a 
description  of  the  names,  brand  or  trade  mark  used 
by  such  person,  firm  or  corporation  for  marking  the 
casks,  barrels,  kegs,  bottles,  jugs,  fountains,  boxes  or 
other  packages  containing  such  beverage.  Before 
any  such  record  shall  be  made  there  shall  be  paid 
said  secretary  a  fee  of  five  dollars  for  each  and  ev¬ 
ery  such  description  of  name,  brand,  or  traed  mark 
which  he  is  requested  to  have  recorded.  Nothing 
elsewhere  in  this  chapter  contained  is  intended  to 
be  contrary  to  or  to  control  or  modify  the  provisions 
of  this  section. 


—63- 


Chapter  140,  Laws  of  1901. 

Amending  chapter  84a  of  the  statutes  of  1898  of 
miscellaneous  provisions,  relating  to  labels  and 
trade  marks. 

Adopting  Trade  Mark,  etc. — Section  1747dd.  Every 
person,  association  or  union  adopting  or  using  a  la¬ 
bel,  trade  mark,  term,  design,  device  or  form  of  ad¬ 
vertisement  as  provided  in  section  1747a,  may  pro¬ 
ceed  by  suit  to  enjoin  the  manufacture,  use,  display 
or  sale  of  any  counterfeits  or  imitations  thereof,  and 
courts  of  competent  jurisdiction  shall  grant  injunc¬ 
tions  to  restrain  such  manufacture,  use,  display  or 
sale,  and  may  award  the  complainant  damages,  re¬ 
sulting  from  such  manufacture,  use,  sale  or  display 
as  may  be  deemed  just  and  reasonable  by  said  court, 
including  all  profits  derived  from  such  wrongful 
manufacture,  use,  display  or  sale;  such  court  shall 
also  order  that  all  such  counterfeits  or  imitations 
in  the  possession  or  under  the  control  of  any  de¬ 
fendant  be  delivered  to  an  officer  of  the  court  to  be 
destroyed.  In  case  such  association  or  union  is  not 
incorporated  such  actions  may  be  commenced  and 
prosecuted  by  an  officer  or  member  of  such  associa¬ 
tion  or  union  on  behalf  of  and  for  the  use  of  such 
association  or  union. 

State  vs.  Bishop,  128  Mo.,  373. 

Cohn  vs.  People,  149  Ill.,  486. 

29  L.  R.  A.,  200,  note. 


64 


COUNTERFEITING  LABEL  ON  GOODS. 

Counterfeit  what;  Penalty. — Section  4463.  Any 
person  who  shall  knowingly  and  wilfully  forge  or 
counterfeit  or  cause  or  procure  to  be  counterfeited 
upon  any  goods,  wares  or  merchandise  the  private 
stamp  or  label  of  any  mechanic  or  manufacturer  with 
intent  to  defraud  the  purchaser  or  manufacturer  of 
any  goods,  wares  or  merchandise  whatsoever,  shall 
be  punished  by  imprisonment  in  the  county  jail  not 
more  than  six  months  or  by  fine  not  exceeding  one 
hundred  dollars. 


Chapter  201,  Laws  of  1901. 

Amending  chapter  182  of  the  statutes  of  1898  of  of¬ 
fenses  against  property,  relating  to  counterfeiting 
of  labels  and  trade  marks. 

Label;  wilfully  use. — Section  4463a.  Every  per¬ 
son  who  shall  knowingly  and  wilfully  use  or  display 
the  genuine  label,  name  or  seal,  trade  mark,  term, 
design,  device  or  form  of  advertisement  of  any  per- 
son.  association  or  union  in  any  manner,  or  in  or 
about  the  sale  of  goods  or  merchandise  not  being 
authorized  so  to  do  by  such  person,  union  or  asso 
ciation,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  imprisonment  for  not  more 
than  three  months  or  by  a  fine  of  not  more  than  one 
hundred  dollars. 

State  vs.  Bishop,  128  Mo.,  373. 

State  vs.  Haggen,  6  Ind.  App.,  167. 

Perkins  vs.  Heert,  5  Huns  App.,  335. 

Carsons  vs.  Ury,  39  Fed.  Rep.,  777. 


—05 


Chapter  332,  Laws  of  1899. 

Prohibiting  discrimination  against  members  of  labor 

organizations. 

Employment. — Section  1.  No  person,  corporation, 
agent  or  officer  on  behalf  of  any  person  or  corpora¬ 
tion,  shall  coerce  or  compel  any  person  or  persons 
into  an  agreement,  either  written  or  verbal,  not  to 
join  or  become  a  member  of  any  labor  organization, 
as  a  condition  of  such  person  or  persons  securing 
employment  or  continuing  in  the  employment  of  any 
such  person  or  corporation,  and  no  person  or  corpo¬ 
ration  shall  discharge  an  employe  because  he  is  a 
member  of  any  labor  organization. 

Penalty. — Section  2.  Any  person  or  corporation 
violating  any  of  the  provisions  of  this  act  shall  be 
fined  not  less  than  two  hundred  dollars  nor  more  than 
one  thousand  dollars,  or  be  punished  by  imprisonment 
in  the  county  jail  not  to  exceed  nine  months  or  both. 

Chapter  330,  Laws  of  1899. 

Relating  to  employment  of  labor  and  providing  pen¬ 
alties  for  violation  of  its  provisions. 

Liability. — Section  1.  Any  person  or  corporation 
engaged  in  manufacturing,  which  requires  from  per¬ 
sons  in  his  or  its  employ,  under  penalty  of  forfeiture 
of  a  part  of  the  wages  earned  by  them,  a  notice  of 
intention  to  leave  such  employ,  shall  be  liable  to  the 
payment  of  a  lik°  forfeiture  if  he  or  it  discharges, 
without  similar  notice,  a  person  in  such  employ  ex¬ 
cept  for  incapacity  or  misconduct,  unless  in  case  of 
a  general  suspension  of  labor  in  his  or  its  shop  or 
factory  or  in  the  department  thereof  wherein  such 
employe  is  engaged. 


Influence  Voter. — Section  2.  No  person  shall,  by 
threateningto  discharge  a  person  from  his  employ¬ 
ment  or  threatening  to  reduce  the  wages  of  a  person 
or  by  promising  to  give  employment  at  higher  wages 
to  a  person,  attempt  to  influence  a  qualified  voter  to 
give  or  withhold  his  vote  at  an  election. 

Children  under  Fifteen  Years. — Section  3.  No  li¬ 
cense  shall  be  granted  for  a  theatrical  exhibition  or 
public  show  in  which  children  under  fifteen  years  of 
age  are  employed  as  acrobats,  contortionists  or  in 
any  feats  of  gymnastics  or  equestrianism,  when  in 
the  opinion  of  the  board  of  officers  authorized  to  grant 
license  such  children  are  employed  in  such  manner 
as  to  corrupt  their  morals  or  impair  their  physical 
health. 

Penalty. — Section  4.  Any  person  who  shall  violate 
any  of  the  provisions  of  this  act  shall,  upon  convic¬ 
tion,  be  fined  in  a  sum  not  exceeding  one  hundred 
dollars. 


VESTIBULE  CARS. 

Protection  of  Employes. — Section  1862b.  Every 
person,  partnership  or  corporation  owning  or.  oper¬ 
ating  a  street  car  line  in  this  state,  the  cars  upon 
which  are  propelled  by  steam,  cable  or  electricity, 
shall  provide  all  closed  winter  cars  with  a  suitable 
protection  constructed  of  wTood,  iron,  glass  or  other 
material  sufficient  to  protect  the  employes  engaged 
in  operating  any  such  cars  from  exposure  to  the  in¬ 
clemencies  of  the  weather,  such  protection  to  be 
maintained  from  the  first  day  of  November  to  the 
first  day  of  April  in  each  year;  provided,  that  such 
protection  shall  be  so  constructed  as  not  to  obstruct 


tlie  vision  of  the  person  operating  such  ear.  Any 
such  person,  partnership  or  corporation  owning,  oper¬ 
ating,  superintending  or  managing  any  such  line  of 
street  railway  or  the  managing  or  superintending  of¬ 
ficer  or  agent  thereof  who  shall  be  found  guilty  of 
a  wilful  refusal  to  comply  with  this  section  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars.  Each  day  that  any 
of  said  persons  cause  or  permit  any  of  their  em¬ 
ployes  to  operate  such  cars  in  violation  of  the  pro¬ 
visions  of  this  section  or  cause  or  permit  cars  to  be 
used  or  operated  in  violation  hereof  shall  be  deemed 
a  separate  offense;  provided,  that  the  provisions  of 
this  section  shall  not  apply  to  cars  used  and  known 
as  trailing  cars.  It  is  hereby  made  the  duty  of  the 
attorney  of  any  municipality  in  which  such  street 
railway  is  situated  and  operated,  upon  information 
given  to  him  by  any  person  of  any  violation  of  this 
section,  to  promptly  prosecute  such  person,  partner¬ 
ship  or  corporation. 

State  vs.  Smith,  59  N.  W.  Rep.,  545. 

State  vs.  Nelson,  39  N.  E.  Rep.,  22. 

Snj  ury  to  Business. — Section  4466a.  Any  two  or 
more  persons  who  shall  combine,  associate,  agree, 
mutually  undertake  or  concert  together  for  the  pur¬ 
pose  of  wilfully  or  maliciously  injuring  another  in 
his  reputation,  trade,  business,  or  profession  by  any 
means  whatever,  or  for  the  purpose  of  maliciously 
compelling  another  to  do  or  perform  any  act  against 
his  will,  or  preventing  or  hindering  another  from 
doing  or  performing  any  lawful  act  shall  be  punished 
by  imprisonment  in  the  county  jail  not  more  than 
one  year  or  by  fine  not  exceeding  five  hundred  dollars. 

Blacklisting  and  Coercion  of  Employes. — Section 
4466b.  Any  two  or  more  persons  whether  members 


of  a  partnership  or  company  or  stockholders  in  a 
corporation,  who  are  employers  of  labor,  who  shall 
combine  or  agree  to  combine  for  the  purpose  of  pre¬ 
senting  any  person  seeking  employment  from  obtain¬ 
ing  the  same,  or  for  the  purpose  of  procuring  or 
causing  the  discharge  of  any  employe  by  threats, 
promises,  circulating  blacklists  or  causing  the  same 
to  be  circulated,  or  who  shall,  after  having  discharged 
any  employe,  prevent  or  attempt  to  prevent  such  em¬ 
ploye  from  obtaining  employment  with  any  other 
person,  partnership,  company  or  corporation  by  the 
means  aforesaid,  or  shall  authorize,  permit  or  allow 
any  of  his  or  their  agents  to  blacklist  any  discharged 
employe  or  any  employe  who  has  voluntarily  left 
the  service  of  his  employer,  or  circulate  a  blacklist  of 
such  employe  to  prevent  his  obtaining  employment 
under  any  other  employer,  or  who  shall  coerce  or 
compel  any  person  to  enter  into  an  agreement  not 
to  unite  with  or  become  a  member  of  any  labor  or¬ 
ganization  as  a  condition  of  his  securing  employment 
or  containing  therein,  shall  be  punished  by  a  fine  of 
not  more  than  five  hundred  dollars  nor  less  than  one 
hundred  dollars,  which  fine  shall  be  paid  into  the 
state  treasury  for  the  benefit  of  the  school  fund. 
Nothing  in  this  section  shall  prohibit  any  employer 
of  labor  from  giving  any  other  such  employer,  to 
whom  a  discharged  employe  has  applied  for  employ¬ 
ment,  or  to  any  bondsman  or  surety,  a  truthful 
statement  of  the  reasons  for  such  discharge,  when  re¬ 
quested  so  to  do  by  such  employe,  the  person  to  whom 
he  has  applied  for  employment,  or  any  bondsman  or 
surety;  but  it  shall  be  a  violation  of  this  section 
to  give  such  information  with  the  intent  to  black¬ 
list,  hinder  or  prevent  such  employe  from  obtaining 
employment;  neither  shall  anything  herein  contained 


— G9— 


prohibit  any  employer  of  labor  from  keeping  for  bis 
own  information  and  protection  a  record  showing  the 
habits,  character  and  competency  of  his  employes. 

Preventing  Pursuit  of  Work. — Section  4466c.  Any 
person  who  by  threats,  intimidation,  force  or  coercion 
of  any  kind  shall  hinder  or  prevent  any  other  per¬ 
son  from  engaging  in  or  continuing  in  any  lawful 
work  or  employment  either  for  himself  or  as  a  wage- 
worker,  or  who  shall  attempt  to  so  hinder  or  prevent 
shall  be  punished  by  fine  not  exceeding  one  hundred 
dollars  or  by  imprisonment  in  the  county  jail  not 
more  than  six  months,  or  by  both  fine  and  imprison¬ 
ment  in  the  discretion  of  the  court. 

State  vs.  Glidden,  55  Conn.,  46. 

Loan  &  Trust  Co.  vs.  N.  Pac.  R.  R.  Co.,  60  Fed. 
Rep.,  803. 

Veyelalur  vs.  Suntner,  44  N.  E.  Rep.,  1077. 


THE  STATE  BOARD  OF  ARBITRATION  AND 

CONCILIATION. 

Appointment;  Vacancies;  Oath. — Section  1729b. 
The  state  board  of  arbitration  and  conciliation  as 
heretofore  established  is  recognized  and  continued. 
On  the  expiration  of  the  terms  of  the  two  members 
thereof  appointed  by  the  governor,  or  sooner  if  a 
vacancy  shall  otherwise  occur,  the  governor  shall  ap¬ 
point  one  member  of  such  board  who  shall  he  an 
employer  of  labor  or  be  selected  from  some  associa¬ 
tion  representing  employers  of  labor,  the  other  shall 
be  selected  from  the  members  of  some  labor  organi¬ 
zation  and  shall  not  be  an  employer  of  labor.  The 
terms  of  such  members  shall  be  for  two  years  unless 
they  are  sooner  removed  by  the  governor.  Vacan- 


cies  shall  be  filled  for  the  unexpired  term.  The  third 
member  of  said  board  shall  be  appointed  by  the  gov¬ 
ernor  upon  the  recommendation  of  those  previously 
appointed,  provided  that  if  such  recommendation  is 
not  made  to  the  governor  within  thirty  days  after 
their  appointment  he  may  appoint  any  person  such 
third  member.  Each  member  shall,  before  entering 
upon  the  duties  of  his  office,  take  the  oath  prescribed 
by  the  constitution;  such  oath  shall  be  filed  in  the 
executive  office.  Said  board  shall  organize  by  choos¬ 
ing  one  member  as  chairman  and  another  as  secre¬ 
tary,  and  shall  adopt  rules  of  procedure  and  submit 
them  to  the  governor  and  attorney  general,  which 
rules  shall  be  in  force  on  approval  thereof  by  them. 
All  requests  and  communications  intended  for  said 
board  may  be  addressed  to  the  governor  at  Madison, 
who  shall  at  once  refer  the  same  to  the  board  for 
their  action. 

Duty  of  Board. — Section  1729c.  Whenever  any 
controversy  or  difference  not  the  subject  of  litiga¬ 
tion,  exists  between  an  employer,  whether  an  indi¬ 
vidual,  copartnership  or  corporation,  and  his  em¬ 
ployes,  if  at  the  time  he  employs  not  less  than  twenty- 
five  persons  in  the  same  general  line  of  business  in 
any  one  place,  said  board  may,  without  any  applica¬ 
tion  therefor  or  upon  application,  and  as  soon  as 
practicable  thereafter,  visit  the  locality  where  the 
controversy  exists  and  make  careful  inquiry  into  the 
cause  thereof,  hear  all  persons  interested  therein  who 
may  come  before  them,  advise  the  respective  parties 
what,  if  anything,  should  be  done  or  submitted  to 
by  either  or  both  to  adjust  the  same  and  make  a 
written  decision  thereof.  Such  decision  shall  at  once 
be  made  public  by  publication  in  two  or  more  news¬ 
papers  published  in  the  locality  where  such  contro- 


—VI— 


versy  exists,  shall  be  recorded  upon  books  of  record 
to  be  kept  by  the  secretary  of  said  board,  and  a  suc¬ 
cinct  statement  thereof  published  in  the  report  here¬ 
inafter  provided  for,  and  the  said  board  shall  cause 
a  copy  of  such  decision  to  be  filed  with  the  clerk  of 
the  city,  village  or  town  where  said  business  is  car¬ 
ried  on. 

Arbitration;  Procedure;  Witnesses;  Books. — Sec¬ 
tion  1729d.  Said  application  shall  be  signed  by  such 
employer  or  by  a  majority  of  his  employes  in  the 
department  of  the  business  in  which  the  controversy 
exists,  or  by  their  duly  authorized  agent,  or  by  both 
parties,  and  shall  contain  a  concise  statement  of  the 
grievances  complained  of  and  an  agreement  to  con¬ 
tinue  in  business  or  at  work  without  any  lockout 
or  strike  until  the  decision  of  said  board  is  made 
known;  provided,  that  said  board  shall  render  its 
decision  within  thirty  days  after  the  date  of  filing 
such  application.  As  soon  as  may  be  after  the  re¬ 
ceipt  of  said  application  the  secretary  of  said  board 
shall  cause  public  notice  to  be  given  of  the  time 
and  place  for  the  hearing  thereof,  but  such  notice 
need  not  be  given  when  both  parties  to  the  contro¬ 
versy  join  in  the  application  and  request  in  writing 
that  it  be  not  given.  When  notice  has  been  given 
or  dispensed  with  as  aforesaid  the  board  may  in  its 
discretion  appoint  two  expert  assistants,  one  to  be 
nominated  by  each  of  the  parties  to  the  controversy, 
and  such  additional  expert  assistants  as  they  may 
deem  necessary.  Such  assistants  shall  be  sworn 
to  the  faithful  discharge  of  their  duty.  Should 
the  petitioner  or  petitioners  fail  to  perform 
the  agreement  made  in  said  application  the 
board  shall  proceed  no  further  thereupon  with¬ 
out  the  written  consent  of  the  adverse  par- 


ty.  The  board  shall  have  power  to  subpoena  as  wit¬ 
nesses  any  operative  in  the  departments  of  business 
affected  by  the  controversy  and  any  person  who  keeps 
the  record  of  wages  earned  in  such  departments,  to 
examine  them  under  oath  and  require  the  production 
of  books  containing  the  record  of  wages  paid.  Sub¬ 
poenas  may  be  signed  and  oaths  administered  by 
any  member  of  the  board. 

Effect  of  Decision;  Notice. — Section  1729e.  The 
decision  of  said  board  shall  be  binding  upon  the  par¬ 
ties  who  join  in  the  application  therefor  for  six 
months  after  the  same  is  filed  with  the  proper  city, 
village  or  town  clerk  or  until  either  party  has  given 
the  other  notice  in  writing  of  his  intention  not  to 
be  bound  thereby  from  and  after  the  expiration  of 
sixty  days  from  the  date  thereof.  Said  notice  may 
be  given  by  serving  it  upon  the  employer  or  his 
representative,  and  upon  the  employes  by  posting  it 
in  three  conspicuous  places  in  the  shop,  factory,  yard, 
or  upon  the  premises  where  they  work. 

Duty  of  Mayor,  Board,  etc. — Section  1729f.  When¬ 
ever  any  mayor  or  board  of  village  trustees  or  town 
board  shall  believe  that  a  strike  or  lockout  is  serious¬ 
ly  threatened  or  has  actually  occurred  and  that  it 
threatens  to  or  does  involve  the  business  interests 
of  the  city,  village  or  town  represented  by  said  mayor, 
trustees  or  board,  such  mayor,  trustees  or  board 
shall  at  once  notify  the  secretary  of  the  state  board 
of  arbitration  and  conciliation  of  the  fact  and  fur¬ 
nish  him  with  such  information  as  may  be  available; 
and  it  shall  be  the  duty  of  the  state  board  to  inves¬ 
tigate  the  condition  there  prevailing  as  soon  as  may 
be  and  endeavor  by  mediation  to  effect  an  amicable 
settlement  between  the  employer  and  employes  direct¬ 
ly  concerned  in  such  strike  or  lockout  and  to  endeavor 


hr  o 

- i  O — 


to  persuade  them  to  submit  the  matters  in  contro¬ 
versy  to  the  local  board  of  arbitration  and  concilia¬ 
tion,  as  hereinafter  provided  for,  or  to  the  state  board, 
but  the  latter  may,  if  it  deems  it  advisable,  inves¬ 
tigate  the  cause  or  causes  of  such  controversy,  as¬ 
certain  which  of  the  parties  is  mainly  or  wholly 
responsible  for  the  existence  or  continuance  there¬ 
of  and  may  make  and  publish  a  report  stating  its 
conclusions  in  the  premises. 

Witness  Fees. — Section  1729g.  Witnesses  subpoe¬ 
naed  by  the  state  board  shall  be  allowed  for  their 
attendance  and  travel  the  same  fees  as  are  paid  wit¬ 
nesses  in  the  circuit  courts;  each  such  witness  shall 
certify  under  oath  in  writing  the  amount  of  his  travel 
and  the  length  of  time  of  his  attendance,  and  upon 
the  approval  of  such  statement  by  the  board  and 
the  presentation  thereof  to  the  secretary  of  state  a 
warrant  shall  be  drawn  in  his  favor  thereof. 

Expenses  and  Compensation. — Section  1729h.  The 
members  of  said  board  shall  be  reimbursed  the  actual 
and  necessary  expenses  incurred  in  the  performance 
of  their  duties  and  be  paid  five  dollars  per  day  each 
for  every  day  actually  and  necessarily  occupied 
therein,  accounts  for  which,  properly  verified,  shall 
be  audited  by  the  secretary  of  state. 

Report. — Section  1729i.  The  state  board  shall,  at 
the  close  of  every  biennial  fiscal  term  make  a  re¬ 
port  to  the  Governor  which  shall  contain  a  succinct 
statement  of  the  decisions  made  by  them  during  the 
preceding  two  years  and  such  recommendations  as 
they  may  deem  proper;  such  report  shall  be  printed 
to  the  number  of  two  thousand  copies  in  the  style 
ether  official  reports  are  printed  and  be  distributed 
in  the  same  way. 


\ 

-74- 

local  BOARDS  OF  ARBITRATION. 

Submission  to  Arbitration;  Decision;  Compensa¬ 
tion. — Section  1729 j.  The  parties  to  any  controversy 
within  the  provisions  of  section  1729c  may  submit 
the  same  by  an  instrument  in  writing,  for  adjustment 
to  a  local  board  of  arbitration  and  conciliation  which 
may  either  be  mutually  agreed  upon  or  the  employer 
may  designate  one  of  such  arbitrators,  the  employees 
or  their  duly  authorized  agent  another,  and  the  two 
so  designated  may  choose  a  third  who  shall  be  chair¬ 
man  thereof,  such  board  shall  in  respect  to  the  mat¬ 
ters  referred  to  it  have  and  exercise  all  the  powers 
which  the  state  board  might  have  and  exercise,  and 
its  decisions  shall  have  such  binding  effect  as  may 
he  agreed  upon  by  the  parties  to  the  controversy  in 
the  submission.  The  jurisdiction  of  such  local  board 
shall  be  exclusive  in  respect  to  the  matters  submitted 
to  it,  but  it  may  ask  and  receive  the  advice  and  as¬ 
sistance  of  the  state  board.  Such  local  board  shall 
render  its  decision  in  writing  within  ten  days  after 
the  close  of  any  hearing  held  by  it  and  file  a  copy 
thereof  with  the  secretary  of  the  state  board.  Each 
member  of  the  local  board  shall  be  entitled  to  re¬ 
ceive  from  the  treasurer  of  the  city,  village  or  town 
in  which  the  controversy  or  difference  that  is  the 
subject  of  arbitration  exists,  if  such  payment  is  ap¬ 
proved  in  writing  by  the  mayor,  the  board  of  trustees 
or  the  town  board,  three  dollars  for  each  day  of 
actual  service,  not  exceeding  ten  days  for  any  one 
arbitration. 


SYNOPTICAL  INDEX 


FACTORIES  AND  WORK  SHOPS  (OTHER  THAN 
CIGAR,  CIGARETTE  AND  GARMENT  MAK¬ 
ING,  ETC.),  see  pp.  78  to  86. 


Page  of 
pamphlet. 


Bureau  officers  — 

May  enter  to  obtain  facts  and  examine  provisions  made  for 

health,  safety,  etc . Sec.  1021f.  12 

May  post  in  any  factory  or  shop  or  on  walls  or  cab  of  any 
elevator  laws  relating  to  child  labor,  fire  escapes  or  no¬ 
tices  as  to  other  matters  pertaining  to  health  and  safety 

of  employees . Sec.  1021h.  13 

When  they  shall  give  written  notice  (that  laws  are  vio¬ 
lated)  to  Dist.  Att’y,  he  shall  at  once  institute  proceed¬ 
ings,  and  if  he  refuses  or  neglects  to  do  so.  Bureau  offi¬ 
cers  may  file  charges  and  demand  his  removal. Sec.  10211.  16 


Emery  wheels,  etc. — 

Emery  wheels,  etc.,  used  for  polishing  shall  when  deemed 
necessary  by  ins  ectors  be  provided  with  appliances  as 
herein  required  to  protect  employees  from  dust. 

Sec.  3  to  6,  Ch.  189,  L.  ’99.  32-33 
No  emery  wheel  or  grind-stone  to  be  used  if  defective  nor 
operated  at  greater  speed  than  provided  for  by  maker. 

Sec.  2,  Ch.  189,  L.  ’99.  32 


Safe-guarding  employees  — 

There  shall  be  proper  safe-guards  and  protection  for  em¬ 
ployees  from  stationery  vats,  pans,  etc.,  containing  moul- 
ten  metal  or  hot  liquids,  also  from  belting,  shapting,  fly 
wheels  and  other  dangerous  machinery  as  herein  in¬ 


quired . Sec.  1636j.  30 

Elevators,  wells  and  machinery  may  be  ordered  guarded 

by  inspectors . . . Sec.  1021h.  13-14 

Elevators  may  be  condemned  if  defective .  14 


Speaking  tubes  or  electric  bells  — 

Speaking  tubes  or  electric  bells  shall  be  provided  if  re¬ 
quired  by  Bureau  officers,  between  rooms  where  machin¬ 
ery  is  operated  by  steam  and  engineer’s  room . .  Sec.  10211i  14 

Blanks  sent  to  employers  — 

Blanks  sent  by  Bureau  to  employers  must  be  properly  filled 
out  and  returned . . . Sec.  102ii.  15 

Fire  escapes  — 

Buildings  of  three  or  more  stories  where  25  or  more  persons 
work  shall  have  one  or  more  fire  proof  ladders  or  stairs 
and  connected  therewith  iron  balconies  and  standpipes 

as  herein  specified  .  . Sec.  4390a.  22-23 

Outer  doors  shall  swing  outwardly  and  storm  doors  if  used 
to  have  a  glass  15  in.  sq.  not  less  than  4  ft.  from  the 
floor . Ch.  380,  JL.  ’01,  amend’g  sec.  4390.  27-28 


Page  of 

Employees' —  pamphlet. 

Women  shall  not  be  employed  over  8  hours  in  one  day  in 

any  place  used  for  manuf’g . Sec.  1728.  16 

More  persons  shall  not  be  employed  than  can  be  kept  at 

work  without  violating  laws  of  health . Sec.  I636j.  29-30 

Female  employees  to  be  provided  with  suitable  seats  and 
allowed  to  use  them  when  not  necessarily  employed. 

Sec.  1,  Ch.  77,  L.  ’99.  29 

See  ante,  p.  75,  as  to  safeguarding  employees. 

Child  labor  — 

Children  under  14  not  to  be  employed. 

Sec.  2,  Ch.  182,  L.  ’01,  amend’g  Ch.  274,  L.  ’99.  17 

(For  provisions  as  to  permit  in  certain  cases  see  Sec.  6,  Ch. 

182,  L.  ’01.) 

A  register  shall  be  kept  in  which  shall  be  the  name,  age, 
date  of  birth  and  residence  of  every  cbild  under  16  at 

work . Sec.  2,  Ch.  182,  L.  ’01.  18 

Employees  under  16  must  not  work  unless  there  is  on  file 
in  such  factory  an  affidavit  as  herein  provided.  This 
affidavit  on  demand  of  inspector  must  be  produced. 

Sec.  2,  Ch.  182,  L.  ’01.  18 

Employees  under  16  not  to  work  more  than  10  hours  daily 
nor  after  9  P.  M.  or  before  6  A.  M.,  nor  have  charge  of 

elevator . Sec.  3  and  7,  Ch.  182,  L.  ’01.  19-20 

No  minor  shall  work  who  cannot  obtain  a  physician’s  cer¬ 
tificate  of  physical  fitness. 

Sec.  5,  Ch.  274,  L.  ’01,  amended  by  Ch.  182,  L.  ’01.  19 

Penalties  — 

For  mutilating  or  removing  laws  posted  in  factories  or 
work  shops  or  refusing  to  obey  written  order  to  guard 

machinery,  fine  $50  for  each  offense .  13 

Persons  owning  or  controlling  operation  of  elevators  con¬ 
tinued  in  use  wi'hout  being  properly  repaired  after  re¬ 
ceiving  written  notice  made  civilly  and  criminally  liable.  14 
For  violating  order  to  provide  speaking  tubes  or  electric 
bells  between  engineer’s  ‘room  and  steam  operated  ma¬ 
chinery  room,  fine  from  $10  to  $50.  (30  days’  written  no¬ 
tice  required.)  ' . Sec.  1021h.  14 

For  refusing  Bureau  officers  admittance  to  work  shop,  for¬ 
feit  of  $10  for  each  offense .  15 

For  failing  to  fill  out  blanks  as  required,  forfeit  of  $10  for 
each  day  delayed  after  fixed  time  for  return  ..  Sec.  1021i.  15 

For  neglecting  or  failing  for  30  days  after  written  notice  to 
provide  suitable  places  for  employees  to  work  or  fail  to 
provide  safe-guards  required  shall  foi’feit  not  exceeding 

$25  for  each  offense  . .  30 

Every  day’s  neglect  or  failure  after  conviction  constitutes 

a  separate  offense . Sec.  1636j.  30 

For  failing  for  three  months  after  written  notice  to  pro¬ 
vide  means  of  fire  escape  and  protection  as  hereiu  pro¬ 
vided,  fine  not  to  exceed  $100 . Sec.  4390a.  26 

For  corporations  violating  this  (child  labor)  actor  hinder¬ 
ing  or  delaying  Bureau  officers,  fine  from  $10  to  $100  for 

each  offense .  20-21 

Parent  or  guardian  violating  thi’  act,  fine  from  $5  to  $25. 

Sec.  9,  Cli.  274,  L.  ’99,  amended  by  Ch.  182,  L.  ’01.  21 

For  violating  this  section  which  provides  that  those  erect¬ 
ing  factories  shall  have  doors  swung  out,  fine  $500  or  |90 
days’  imprisonment. 

Sec.  4390,  amended  by  Ch.  380.  L.  ’01.  23 

For  failing  to  provide  seats  for  females  and  permit  their 
use,  fine  from  $10  to  $30  for  each  offense. 

Sec.  2,  Ch.  77,  L.  ’99.  29 


—77— 


Page  of 
pamphlet. 

For  failing:  to  comply  with  this  act  regulating  use  of 
emery  wheels,  belts,  etc.,  fine  from  $25  to  $100. 

Sec.  8,  Ch.  189,  L.  '99.  34 

For  compelling  a  woman  to  work  more  than  8  hours  in  1 
day,  fine  $5  to  $50 . Sec.  1728.  17 


CHAPTER  189,  OF  THE  LAWS  OF  ’99,  KNOWN  AS 
EMERY  WHEEL  ACT. 


Object  of  Act  — 

To  protect  employees  from  dust  produced  by  operating  pol¬ 
ishing  wheels  or  belts .  31 

To  whom  applicable  — 

Those  operating  factories  or  shops  where  any  of  the  follow¬ 
ing  appliances  are  continuously  used  for  polishing  (in 
apartments  known  as  polishing  rooms) : 

Emery  wheels  or  emery  belts  of  any  description  either  of 
solid  emery,  leather,  leather  covered,  felt,  canvas,  linen, 

paper  or  cotton  .  31 

Wheels  or  belts  rolled  or  coated  with  emery  or  corundum  31 
Cotton  wheels  used  as  buffs . Sec.  1.  31 

Requirements  — 

Blowers  —  provisions  for  placing  of  —  Blowers  shall  be  pro¬ 
vided  when  required  by  inspectors  which  shall  be  so 
placed  as  to  wheels  or  belts  as  to  protect  those  using 
same  from,  and  carry  away  the  dust  produced  thereby. 

Sec.  1  31 

Iron  hood  or  hopper.  Application  of  —  An  iron  hood  or 
hopper  shall  be  applied  to  each  wheel,  so  that  dust  or 
refuse  therefrom  will  be  carried  off  by  air  current  into 
suction  pipe  attached  thereto . Sec'  3  33 

Size  of  pipe  — 

There  shall  be  provided : 

For  wheels  6  in.  in  diameter  a  3  in.  suction  pipe .  32 

For  wheels  6  to  24  in.  in  diameter  a  4  in.  suction  pipe _  32 

For  wheels  24  to  36  in.  in  diameter  a  5  in.  suction  pipe  ...  32 

For  wheels  larger  in  diame'er  a  6  in.  suction  pipe .  32 

Pipe  must  be  full  size  to  main  trunk  pipe  which  in  size  and 
capacity  must  equal  combined  area  of  smaller  pipe  lead¬ 
ing  to  it,  and  discharge  pipe  from  exhaust  fan  shall  be 

no  smaller  than  suction  pipe . Sec.  4  33 

Fan  or  blower  connections  —  Operation  —  Necessary  fans  or 
blowers  shall  be  connected  with  such  pipes  and  run  at  a 
speed  to  produce  air  current  sufficient  to  carry  away  dust 

gathered  by  hood  or  hopper .  .  33 

Branch  pipes  —  Branch  pipes  must  enter  main  trunk  at  an¬ 
gle  not  over  45  degrees . .  33 

Main  trunk  pipe  —  Main  trunk  pipe  to  be  below  wheel  and 
near  it  —  either  on  or  under  floor  which  supports  wheel . .  33 

Pipe  elbows  —  Elbows,  bends  and  turns  of  pipes  to  have 
smooth  surfaces  and  a  radius  in  throat  of  not  less  than 

twice  that  of  connecting-  pipe . Sec.  5  33 

Defective  wheels  and  grindstones  —  Speed  of  wheels  and 
grindstones  —  Emery  wheels  and  grindstones  shall  not  be 
knowingly  used  if  defective,  nor  operated  at  greater 
speed  than  indicated  by  makers . Sec.  2  32 


— 78 


Page  of 
pamphlet. 


Exemptions  — 

Grinding  —  Machines  upon  which  water  is  used  at  grind¬ 
ing  point . . .  31 

Wheels  and  belts  which  are  outside  of  polishing  room  or 
which  cannot  be  equipped  as  above  provided  without  im¬ 
pairing  their  convenient  or  necessary  use  are  exempt 

from  the  provisions  of  this  act . Sec.  1  31 

Certain  places  equipped  before  Aug.  14, ’99  —  The  provi¬ 
sions  of  Secs.  4  and  5  shall  not  apply  to  mills,  factories  or 
shops  which  had  on  Aug.  14,  ’99,  appliances  which  wore 
designed  to  and  do  substantially  remove  dust  from 
polishing  room . Sec.  6  33 


Duty  of  Inspectors.  Police  Justice  and  Dist.  Ally. — 

Police  Justice  —  Dist.  Atty.— Inspectors  shall  enter  such 
factories  or  shops  and  finding  that  law  is  not  obeyed, 
shall  make  complaint  in  writing  before  Police  Justice 
who  shall  issue  his  warrant  directed  to  offending  parties, 
who  shall  be  proceeded  against  and  the  district  attorney 
shall  prosecute . Sec.  7  34 


Penalty  — 

Fine  $25  to  $100  —  These  operating  factories  or  shops  fail¬ 
ing  to  comply  with  this  act  shall  be  fined  not  less  than 
$25  or  more  than  $100 . Sec.  8  34 


GARMENT  MAKING,  ETC.,  IN  TENEMENTS, 
AND  DWELLINGS,  ETC.,  (SO  CALLED 
SWEAT-SHOPS). 

An  analysis  of  Ch.  239,  L.  ’01,  and  other  laws  applica¬ 
ble  to  making,  finishing  or  repairing  wearing  apparel, 
etc. 

(For  provisions  as  to  manufacturing  generally  see  under  “  Factor¬ 
ies  and  workshops.”) 

Page  of 
pamphlet. 

Rooms  or  apartments  in  tenements ,  dwellings,  etc. 

Shall  not  be  used  for  making,  finishing  or  repairing  wear¬ 
ing  apparel,  unless  a  license  is  secured  therefor  to  con¬ 
form  with  this  act .  39 

Shall  provide  for  each  person  employed  therein  not  less 
than  250  cu.  ft.  air  space  from  6  A.  M.  to  6  P.  M.,  and  400 
cn.  ft.  from  6  P.  M  to  6  A.  M..  unless  special  written  per¬ 
mit  given  by  Bureau  officials  provides  otherwise .  40 

If  commissioner  or  factory  inspector  require  it,  shall  be 
separate  from  and  not  open  into  living  or  sleeping  rooms.  42 
Shall  have  an  entrance  from  outside  direct.  (If  above  first 

floor  a  separate  stairway) .  42 

Shall  be  properly  lighted,  heated  and  ventilated,  if  neces¬ 
sary  by  mechanical  appliance . Sec.  3,  Ch.  239,  L.  ’01  42 

Goods  shall  not  be  contracted  to  be  made  in  any  building 
that  does  not  conform  to  this  act  or  unless  occupant  pos¬ 
sesses  a  license  as  herein  required ..  Sec  1,  Ch.  2i9,  L.  ’01  39-40 


79— 


t 


Page  of 
pamphlet. 

Rooms  or  apartment s  in  tenements,  dwellings,  etc.—  Con. 

Premises  to  be  clean  and  subject  to  inspection  of  Bureau 

officers  .  .  40-11 

Those  giving  out  material  to  be  made  into  these  goods 
shall  keep  a  register,  written  in  English,  of  the  names 
and  addresses  of  persons  to  whom  work  is  given  out. 

This  register  is  subject  to  inspection  by  Bureau  officers, 
and  a  copy  thereof  furnished  at  their  request. 

Sec.  4,  Ch.  239.  L.  ’01  43 

Owners,  lessees  or  aerents  shall  not  permit  them  to  be  used 
for  the  making,  finishing  or  repairing  of  wearing  apparel 

contrary  to  this  act .  44 

When  so  unlawfully  used  the  Bureau  officers  shall  serve 
notice  upon  such  owner,  lessee  or  agent. 

Sec.  6,  Ch.  239,  L.  ’01  44 


Closets  — 

If  commissioner  or  inspectors  require  it  there  shall  be 

suitable  closets  for  each  sex .  42-43 

Shall  be  kept  strictly  and  exclusively  for  the  use  of  em¬ 
ployees  and  employer  .....  .  42-43 

Shall  either  be  '  inside  the  building  with  adequate  plumb¬ 
ing  or  outside  at  least  20  ft.  from  building .  42-43 

Whore  the  number  employed  exceeds  25  of  either  sex  there 
shall  be  an  additional  closet  for  such  sex  up  to  50  per¬ 
sons  and  above  that  number  in  the  same  ratio .  43 

Shall  be  regularly  disinfected  and  supplied  with  disinfect¬ 
ants . _ . Sec.  3,  Ch.  239,  L.  ’0t  43 

Note  —  The  provision  as  to  closets  in  Ch.  239,  L.  ’01, 
should  be  construed  with  more  rigid  requirements  in 
Sec.  7,  Ch.  79,  L.  ’99,  which  relates  to  cigar  factories 
only  . 

Employees  — 

More  persons  shall  not  be  employed  than  can  be  kept  at 

work  without  violating  laws  of  health  . Sec.  1021g  13 

Shall  each  have  not  less  than  250  cu.  ft.  air  space  from  6 
A.  M.  to  6  P.  M.,  and  400  cu.  ft.  from  6  P.  M.  to  6  A.  M ., 
unless  special  written  permit  given  by  the  Bureau  officials 

provides  otherwise  .  Sec.  1,  Ch.  239,  L.  ’01  40 

Number  of  employes  must  be  specified  in  application  or 

license .  40 

Shall  be  provided  (if  females)  with  suitable  seats,  and 
permitted  to  use  them  when  not  necessarily  engaged  in 

duties . . .  Ch.  77.  L.  ’99  29 

Women  shall  not  be  employed  in  any  place  used  for  mfg. 

over  8  hrs.  in  any  one  day . Sec.  1728  16 

Note  —  For  provisions  as  to  outward  swinging  doors, 
fire-escapes  on  factories  three  or  more  stories  high,  and 
having  25  or  more  employes,  see  Sec.  4390,  as  amended  by 
Ch.  380,  L.  ’01,  and  4390.  For  provisions  as  to  “  Closets,” 
see  above. 


Child  labor  — 

Shall  not  ( if  under  14  years  of  age)  bo  employed  in  any  fac¬ 
tory  (except  a  special  written  permit  has  been  issued  as 

herein  required; .  17 

A  register  shall  be  kept  in  factory  in  which  must  be  the 
name,  age,  date  of  birth,  residence,  of  every  child  at 
work  under  16  . .  18 


—80 


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pamphlet. 

Employees— Con. 

Employes  under  16  must  not  work  unless  there  is  on  file  in 
factory  an  affidavit  as  herein  provided.  (Affidavit  and 
register  on  demand  must  be  produced  for  inspectors.)  ...  IS 
Employees  under  sixteen  must  not  work  after  9  P.  M.  or 

before  6  A.  M.  nor  have  charge  of  any  elevator .  19 

Minors  must  not  work  who  can  not  obtain  from  a  physi¬ 
cian  a  certificate  of  physical  fitness  for  the  work- 

Ch.  274,  L.  ’99,  amended  by  Ch.  182,  L.  ’01  19 


License  — 

For  making,  finishing  or  repairing  wearing  apparel  in 
room  or  apartments  of  dwelling  or  tenement  jhouses,  or 
in  rear  thereof,  is  required  before  rooms,  etc.,  can  be 


legally  thus  used .  39 

Applications  for  — 

Application  to  be  made  to  the  commissioner  to  make, 
finish  or  repair  any  wearing  apparel : 

Shall  describe  such  room  or  apartment .  39 

Shall  specify  number  of  persons  employed  therein . . ..  39 

Shall  be  in  such  form  as  the  commissioner  may  determine  39 

Applications —  blanks  for  — 

Shall  be  prepared  by  said  commissioner .  39 

License  —  pre  requisite  to  granting  — 

Before  granting  license  an  inspection  must  be  made .  39 

To  be  granted  when  — 

If  premises  are  clean  and  satisfactory  and  the  work  may 
be  done  under  healthy  conditions,  a  license  shall  be 
granted  . 39-40 

What  to  state  — 

To  state  maximum  number  of  persons  to  be  employed  in 
room,  etc.,  which  shall  be  determined  by  number  of  cu. 
ft.  of  air  space  therein .  40 

Must  be  posted  — 

Inconspicuous  place  in  room,  etc .  40 

May  be  revoked  — 

By  commissioner  or  inspdctor  if  rooms,  etc.,  are  not  in 
sanitary  condition .  40 


When  revoked  or  refused,  mfrs.  may  appeal  — 

When  license  is  refused  or  revoked  owing  to  unsanitary 
conditions,  the  person  aggrieved  may  appeal  to  the  local 
board  of  health  and  said  board  may  investigate  and  re¬ 
port  in  writing  to  Bureau  officers  if  it  is  found  that  a  li¬ 
cense  can  be  properly  granted,  and  it  shall  thereupon  be 
issued . Sec.  2,  Ch.  239,  L.  ’01  41-42 


Wearing  apparel  — 

Shall  not  be  received,  handled,  held  in  stock  or  sold  unless 
made  under  the  requirements  of  this  act. 

Sec.  1,  Ch.  239,  L.  ’01  41 

May  be  condemned  and  destroyed  by  local  board  of  health 
if  unfit  for  use.  because  made  in  places  whe  e  infectious 
or  contagious  diseases  exist . Sec.  5,  Ch.  239,  L.  ’01  43-44 


—81 


Duties  and  powers  — 
Of  commissioner  — 


Page  of 
pamphlet. 


Power  — 

Commissioner  may  prescribe  blank,  forms  and  trans¬ 
mit  them  to  employers  to  be  filled  out  under  oath  and 
returned  to  him . Sec.  1021i  15 


Of  commissioner  and  factory  inspectors  — 


Duty  — 

To  enforce  this  law  and  prosecute  its  violation .  24 

To  visit  and  inspect  all  places  covered  by  this  act .  24 


To  serve  notice  upon  owner,  lessee  or  qgent  of  build¬ 
ing  when  rooms  and  apartments  are  unlawfully  used.. 

Sec  6,  Ch.  239,  L.  ’01  44 

To  report  to  local  board  of  health  when  infectious  or 
contagious  diseases  exist  where  wearing  apparel  is 
made . Sec.  a,  Ch.  239,  L.  ’01  44 


Power  — 

May  demand  a  physician’s  certificate  of  physical  fitness  to 
work  in  case  of  children  who  seem  unfit  for  work  at 

which  they  are  employed . . ...  . .  19 

May  in  their  discretion  after  due  examination,  grant  per¬ 
mit  to  children  over  12  years  to  work  under  conditions 
herein  named. 

Ch.  274,  L.  ’99,  amended  by  Ch.  182,  L.  ’01  19 

May  require  all  necessary  changes,  cleaning,  painting, 
white-washing,  which  they  deem  essential  to  insure  free¬ 
dom  from  vermin,  stench,  or  condition  liable  to  impair 

health  or  breed  disease . Sec.  2,  Ch.  239,  L.  ’01  42 

May  file  charges  and  demand  removal  of  Dist.  Atty  who 
fails  to  bring  proceedings  at  once  where  law  is  violated 
after  having  written  notice . Sec.  10211  16 


Penalties  — 

For  violating  acts  affecting  garment  making  and  places 
where  garments  are  made. 

(So-called  sweat-shop  act.) 

Fine  $20  to  $100  each  offense,  or  imprisonment  20  to  60 

days  or  both .  45 

In  prosecutions  where  accused  is  acquitted  the  costs 
shall  be  paid  out  of  the  county  treasury .  45 


Unless  owner,  lessee  or  agent  upon  notice  stops  un¬ 
lawful  manufacture,  or  proceeds  to  oust  the  occu¬ 
pant,  lie  shall  be  deemed  as  guilty  as  if  he  himself 

manufactured  illegally . Ch.  239,  L.  ’01  44 

For  failing  to  provide  seats  for  female  employed  and  per¬ 
mit  their  use,  $10  to  $30  for  each  offense . Ch.  77,  L.  ’99  29 

For  compelling  a  woman  to  work  more  than  8  hrs.  in  any 
one  day  in  any  place  used  for  mfg.,  fine  $5  to  $50. 

Sec. 1728  16 

For  failing  to  fill  out  blanks  required  by  commissioner, 
forfeit  $10  for  each  day  delay  after  fixed  return  time  ;  for 
failing  to  admit  Bureau  officers  to  shop,  forfeit  $10  fern 

each  offense . Sec.  l021i  15 

For  neglecting  for  30  days  after  written  notice  to  provide 
suitable  place  for  employes  to  work,  forfeit  $25  for  each 

offense .  30 

Every  day’s  neglect  or  failure  after  conviction  to  consti¬ 
tute  separate  offense . Sec.  1636j  £0 


/ 


—82— 


Pape  of 
pamphlet. 

Penalties — Con. 

Fine  not  more  than  $500  or  90  days’  imprisonment  for  vio¬ 
lating  this  section,  which  provides  that  those  erecting 
factories  shall  have  outer  doors  swing  outward. 

Sec.  4390,  amended  by  Ch.  380,  L.  ’01  28 

Any  corporation  violating  this  act  or  hindering  or  delay¬ 
ing  inspectors,  subject  to  fine  of  $10  to  $100  for  each 

offense . . . . .  ..  20 

Parent  or  guardian  who  permits  child  to  work  in  violation 
this  act,  subject  to  fine  of  $5  to  $25 . Ch.  274,  L.  ’99  21 


ACTS  RELATING  TO  CIGAR  FACTORIES 


And  places  where  cigars  and  cigarettes  are  made. 


Note. —  Ch.  79  of  the  laws  of  ’99  relates  to  cigar  mak¬ 
ing  only;  Ch.  239  of  the  laws  of  ’01  to  the  making  of 
cigars  and  cigarettes.  For  provisions  covering  manu¬ 
facturing  generally,  see  under  ‘“Factories  and  work¬ 
shops.” 


Page  of 
pamphlet. 


Shops  or  places  wherein  cigars  arp  made  — 

Shall  not  be  located  below  ground  floor. 

Sec.  1,  Ch.  79,  L.  ’99.  45 

Shall  have  twenty  sq.  ft.  surface  space  unobstructed  to 
ceiling  for  each  employee  while  employed. 

Sec.  2,  Ch.  79.  L.  ’99.  45 

Shall  contain  at  least  700  sq.  ft.  air  space  and  shall  be  at 
least  8  ft.  in  height  in  every  part  of  ceiling. 

Sec.  3,  Ch.  79,  L.  ’99.  46 

Shall  be  so  ventilated  that  air  shall  not  become  unhealthy  ; 
air  shall  be  so  changed  as  lo  render  harmless,  gases, 

dust  and  impurities . Sec.  4,  Ch.  79,  L.  ’99.  45 

Shall  be  kept  clean  and  dust  removed  from  tables  and 
floors  daily ;  floors  shall  be  scrubbed  at  least  once  a 

week . Sec.  5,  Ch.  179,  L.  ’99  46 

Rooms  or  apartments  in  tenements,  dwellings ,  etc. — 

Shall  not  be  used  for  making  cigars  or  cigarettes  unless  a 

license  is  secured  t>  erefor  to  conform  to  this  act .  39 

Shall  provide  for  each  person  emploved  therein  not  less 
than  250  cu.  ft  air  space  from  6  A.  M.  to  6  P.  M.  and  400 
cu.  ft.  from  6  P.  M.  to  6  A.  M.  unless  special  written  per¬ 
mit  given  by  Bureau  officials  provides  otherwise .  40 

If  commissioner  or  factory  inspectors  require  it,  they  shall 
be  separate  from  and  not  open  into  living  or  sleeping 


rooms .  42 

Shall  not  be  used  at  any  time  for  sleeping  purposes  or  con¬ 
tain  a  bed,  bedding,  cooking  or  other  utensils .  42 

Shall  have  an  entrance  from  outside  direct.  (If  above 


first  floor  a  separate  stairway  thereto  ) .  .  42 

Shall  be  properly  lighted,  heated  and  ventilated  if  neces¬ 
sary  by  mechanical  appliance . Sec.  3,  Ch.  239,  L.  ’01.  42 


—S3— 


Page  of 
pamphlet. 

Rooms  or  apartments  in  tenements ,  dwellings,  ete—  Con. 

Goods  shall  not  be  contracted  to  be  made  in  any  room  or 
apartment  or  in  any  building  that  does  not  conform  to 
this  act  or  unless  occupant  possesses  a  license  as  herein 
required.  Premises  to  be  clean  and  subject  to  inspec¬ 
tion  of  Bureau  officers  . Sec.  1,  Ch.  239,  L.  ’Oh  39 

Those  giving  out  material  to  be  made  up  into  these  goods 
shall  keep  a  register,  written  in  English,  of  names  and 
addresses  of  persons  to  whom  work  is  given.  This  reg¬ 
ister  to  be  subject  to  inspection  by  Bureau  officers  and  a 
copy  thereof  furnished  at  their  request. 

Sec.  4,  Ch.  239,  L  ’01.  43 

Owners,  lessees  or  agents  of  —  shall  not  permit  them  to  be 
used  for  the  making  of  cigars  or  cigarettes  contrary  to 

this  act .  44 

When  so  unlawfully  used  the  Bureau  officers  shall  serve  a 
notice  upon  such  owner,  lessee  or  agent. 

Sec.  6,  Ch.  239,  L.  ’01.  44 

Windows  — 

Where  cigars  are  made 

Shall  each  be  at  least  12  sq.  ft.  in  superficial  area .  46 

Entire  window  area  in  every  room  shall  be  at  least  12  per 
cent,  of  the  floor  space  in  such  room..  Sec.  2,  Ch.  79,  L.  ’99  46 

Shall  be  kept  open  for  30  minutes  before  and  after  work¬ 
ing  hours . Sec.  4,  Ch.  79,  L.  ’99.  46 

Closets  — 

If  com’r  or  inspectors  require  it  there  shall  be  suitable 

closets  for  each  sex . _ .  42 

Shall  be  kept  strictly  and  exclusively  for  the  use  of  em¬ 
ployees  and  employers  of  factory .  42 

Shall  either  be  inside  the  building  with  adequate  plumb¬ 
ing  or  outside  at  least  20  ft.  from  bldg .  42 

Where  number  employed  exceeds  25  of  either  sex  there 
shall  be  an  additional  closet  for  such  sex  up  to  50  per¬ 
sons  and  above  that  number  in  the  same  ratio .  43 

Shall  be  regularly  disinfected  and  supplied  with  disin¬ 
fectants . - . Sec.  3,  Ch.  239,  L.  ’01.  4 

Note. —  The  provision  as  to  closets  in  Ch.  239,  L. ’01, 
should  be  construed  in  connection  with  more  rigid  re¬ 
quirements  in  section  7,  Ch.  79,  L.  ’99,  which  relates  to 
cigar  factories  only. 

Employees  — 

More  persons  shall  not  be  employed  than  can  be  kept  at 

work  without  violating  laws  of  health . Sec.  102  Ig.  13 

Shall  be  allowed  to  use  20  sq.  ft.  of  surface  space  unob¬ 
structed  to  ceiling . Sec.  2,  Ch.  79.  L.  ’99.  45 

Shall  each  have  not  less  than  250  cu.  ft.  air  space  from  6 
A.  M.  to  6  P.  M.  and  400  cu.  ft.  from  6  P.  M.  to  6  A.  M.  un¬ 
less  special  written  permit  given  by  Bureau  officials  pro¬ 
vides  otherwise . Sec.  1,  Ch.  239,  L.  ’01.  40 

Number  of  — 

must  be  specified  in  application  and  license. 

Sec.  1,  Ch.  239,  L.  ’01.  40 

Shall  be  provided  with  one  cuspidor  for  every  two  per¬ 
sons . . Sec.  5.  Ch.  79,  L.  ’98.  46 

Shall  not  be  permitted  (if  under  18  years  of  age)  to  work 
at  manufacturing  cigars  more  than  8  hours  daily  or  48 
hours  weekly . Sec.  6,  Ch.  79,  L.  99. 


46 


84 


Page  of 

Number  of— Con.  pamphlet. 

Women  shall  not  be  employed  in  any  place  used  for  manu¬ 
facturing  over  8  hours  in  any  one  day . Sec.  1728  16 

Shall  be  provided  (if  females)  with  suitable  seats  and  be 
permitted  to  use  them  when  not  necessarily  engaged  in 

duties .  . Ch.  77,  L.  ’99.  29 

Note. —  For  provisions  as  to  outward  swinging  doors, 
fire  escapes  on  factories  three  or  more  stories  high  and 
having  25  or  more  employees,  see  sections  4890  and  4390a 
as  amended  by  Ch.  380,  L.  ’01.  For  provisions  as  to 
“closets”  see  ante,  p.  83. 

Child  labor  — 

Shall  not  (if  under  14  years  of  age)  be  employed  in  any  fac¬ 
tory  (except  a  special  permit  has  been  issued  as  herein 


provided) . ’ .  17 

A  register  shall  be  kept  in  the  factory  in  which  must  be 
the  name,  age,  date  of  birth,  residence  of  every  child  at 

work  under  16 . j .  18 

Employees  under  16  must  not  work  unless  there  is  on  file 

in  factory  an  affidavit  as  herein  provided .  18 

(Affidavit  and  register,  on  demand,  must  be  produced  for 

inspectors)  .  18 

Employees  under  16  must  not  work  after  9  P.  M.  or  before 

6  A.  M.,  nor  have  charge  of  any  elevator  . .  19 

Minors  must  not  work  who  cannot  obtain  a  physician’s 
certificate  of  phvsical  fitness  for  the  work. 

Ch.  274,  L.  ’99,  amended  by  Ch.  182,  L.  ’01.  19 


License  — 

For  making  cigars  or  cigarettes  in  rooms  or  apartments  of 
tenements  or  dwelling  houses,  or  in  rear  thereof,  is  re¬ 


quired  b  fore  rooms,  etc.,  can  he  legally  so  used .  39 

Applications  for 

Application  to  be  made  to  com’r  to  manufacture  cigars 

or  cigarettes  .  39 

Shall  describe  such  room  or  apartment .  39 

Shall  specify  number  of  persons  to  be  employed  therein.  ..  39 

Shall  be  in  such  form  as  said  com’r  may  determine .  39 

Applications,  blanks  for  — 

Shall  be  prepared  by  said  commissioner .  39 

License  — 

pre-requisites  to  granting 

Before  granting  license  an  inspection  must  be  made  by 

said  com’r  or  inspectors .  39 

To  he  granted,  when  : 

If  premises  are  clean  and  satisfactory  and  the  work  may 
be  done  under  healthy  conditions  a  license  shall  he 

granted .  39 

What  to  state : 

To  state  maximum  number  of  persons  to  be  employed  in 
room,  etc.,  which  shall  be  determined  by  number  cu.  ft. 
of  air  space  therein . 40 

Must  be  posted  — 

in  conspicuous  place  in  room,  etc .  40 

May  be  revoked  by  com’r  or  inspectors  if  rooms  are  not  in 
proper  sanitary  condition  ....  . Sec.  1,  Ch.  239,  L.  ’01. _ 40 


When  revoked  or  refused, 'manufacturer  may  appeal. 

When  license  is  refused  or  revoked,  owing  to  unsanitary 
conditions,  the  persons  aggrieved  may  appeal  to  the 
local  board  of  health  and  said  board  may  investigate  and 
report  in  writing  to  Bureau  officers  il^  it  is  found  that  a 
license  can  be  properly  granted  and  it  shall  then  be  is¬ 
sued . Sec.  2,  Ch.  239,  L. ’01.  41 


—85— 


Page  of 

Cigars  and  cigarettes  —  pamphlet, 

Shall  not  be  received,  handled,  held  in  stock  or  sold  un'ess 
made  under  the  requirements  of  this  act. 

Sec.  1,  Ch.  239,  L.  ’01.  41 

~  May  be  condemned  and  destroyed  by  local  board  of  health 

*  if  unfit  for  use  because  made  in  places  where  infections 

or  contagious  diseases  exist . Sec.  5,  Ch.  239,  L.  ’01.  43 

,  Duties  and  powers  — 

Of  commissioner  — 

Power  — 

Commissioner  may  prescribe  blank  forms  and  transmit 
them  to  employers  to  be  filled  out  under  oath  and  re¬ 
turned  to  him . Sec.  I02li.  15 

Of  commissioner  or  factory  inspectors  — 

Duty  — 

To  enforce  this  law  and  prosecute  its  violation  .  24 

To  visit  and  inspect  all  places  covered  by  this  act .  24 

To  serve  notice  upon  owner,  lessee  or  agent  of  building 
when  rooms  and  apartments  are  unlawfully  used. 

Sec.  6,  Ch  239,  L.  ’01.  44 

To  report  to  local  board  of  health  when  infectious  or 
contagious  diseases  exist  where  cigars  or  cigarettes 

are  made . . . Sec.  5,  Ch.  239,  L  ’0 1  44 

See  general  provisions  under  factories  and  workshops 
applying  to  fire  escapes,  elevators,  dangerous  machin¬ 
ery,  etc.  Secs.  I0211i,  1636j. 

Power  — 

May  enter  premises  to  obtain  facts. 

Sec.  1021f,  amended  by  Ch.  158,  L.  ’99.  12 

May  file  charges  and  demand  removal  of  Dist.  Att’y 
who  fails  to  bring  proceedings  when  notified  that 

laws  are  violated . Sec.  10211.  16 

May  demand  a  physician’s  certificate  of  physical  fitness 
in  case  of  children  who  seem  physically  unfit  for  work 

at  which  employed .  19 

May  in  their  discretion  after  due  examination  grant 
permit  to  children  over  12  years  to  work  under  condi¬ 
tions  herein  named. 

Ch.  274,  L.  ’99,  amended  by  Ch.  182,  L.  ’01.  19 

May  require  all  necessary  changes,  cleaning,  painting 
or  white-washing,  which  they  deem  essential  to  in¬ 
sure  freedom  from  vermin,  stench  or  condition  liable 
to  impair  health  or  breed  desease. 

Sec.  3,  Ch.  239,  L.  ’01.  42 

Pen  aides  — 

For  violating  acts  affecting  cigar  factories  and  places 
p  where  cigars  and  cigarettes  are  made . . 

(Cigar  Factory  Act  ). 

Fine  from  $10  to  $25  for  first  offense  and  $25  to  $50  for 

each  following  offense .  .  47 

There  can  be  no  prosecution  under  sections  2,  3  and  4 
unless  employer  has  had  four  weeks’  notice  by  regis¬ 
tered  letter  requiring  changes  and  notice  not  com¬ 
plied  with . Cli.  79,  Li.  ’99.  47 

(So-called  “  Sweat  Shop”  Acto 
Fine  $20  to  $100  each  offense.,  or  imprisonment'  20  to  60 

days  or  both  . . . .  45 

In  prosecutions  where  accused  is  acquitted  the  costs 
shall  be  paid  out  of  county  treasury  .  45 


—86- 


Page  of 

Penalties — Con.  pamphlet. 

Unless  owner,  lessee  or  agent,  upon  notice,  stops  un¬ 
lawful  manufacture  or  proceeds  to  oust  occupant,  he 
shall  be  deemed  as  guilty  as  if  he  himself  manufact¬ 
ured  illegally . Ch.  239,  L.  ’01 .  44 

For  failing  to  provide  suitable  seats  for  female  employees  / 
and  permit  their  use,  $10  to  $30  for  each  offense. 

Ch.  77,  L.  ’99.  29 

For  failing  to  fill  out  blanks  required  by  commissioner, 
forfeit  $10  for  each  day  delayed  after  fixed  return  time; 
for  failiug  to  admit  bureau  officers  to  shop,  forfeit  $10 

for  each  offense . Sec.  102 1  i.  15 

For  neglecting  for  30  days  after  written  notice  to  provide 
suitable  place  for  employees  to  work,  forfeit  $25  for  each 

offense . . .  30 

Every  day’s  neglect  or  failure  after  conviction  to  consti¬ 
tutes  separate  offense . Sec.  1636j.  30 

For  compelling  a  woman  to  work  more  than  8  hours  in  any 
one  day  in  any  place  used  for  manufacturing,  fine  $5  to 

$50 . ., .  Sec.  172S.  16 

Fine  not  more  than  $500  or  imprisonment  90  days  for  vio¬ 
lating  this  section,  which  provides  that  those  erecting 
factories  shall  have  outer  doors  swing  outward. 

Sec.  4390,  amended  by  Ch.  380,  L.  ’01.  2$ 

Any  corporation  violating  this  actor  hindering  or  delaying 
inspectors,  subject  to  fine  of  $10  to  $100  for  each  offense . .  20 

Parent  or  guardian  who  permits  child  to  work  in  violation 
of  this  act,  subject  to  fine  of  $5  to  $25 . Ch.  274,  L.  ’99.  21 


HOTELS,  LODGING,  BOARDING  AND  TENE.- 

MENT  HOUSES. 


(When  rooms  in  tenements  are  used  in  which  to  make  garments, 
cigars,  cigarettes,  etc.,  see  pp.  78-81.) 

Page  of 
pamphlet. 


Requirements  — 

Buildings  which  must  have  fire  escapes  — 

Buildings  over  two  stories  and  containing  aoove  ground 

floor  sleeping  rooms  for  25  or  more .  22 

Fire  escapes,  Number,  location,  character  — 

Shall  have  one  or  more  outside  fire-proof  stairs  or  lad¬ 
ders  in  number  as  and  located  as  designated  by  Bureau 

or  municipal  fire  officers .  22 

Platforms  — 

Such  escapes  shall  connect  the  cornice  with  top  of 
first  story  by  wrought  iron  platform  ample  to  serve  at 
least  two  windows  of  each  story.  Platforms  to  be  con¬ 
venient,  commodious  and  strong .  22 

Stand  pipe  and  hose  valves  — 

There  •  shall  be  attached  to  such  stairs  or  ladders  a 
wrought  iron  stand  pipe  extending  from  3  ft.  above  roof 
to  5  ft.  of  ground.  A  2)4  in.  angle  hose  valve  with  male 
connection  shall  be  attached  thereto  at  each  story 
above  first,  and  on  roof,  and  a  double  female  connec¬ 
tion  at  base  of  pipe  with  threads  conforming  to  size 
and  pattern  used  by  local  fire  department. 

Sec.  1,  Ch.  349,  L.  ’01  22 


Pape  of 

Requirements— Con.  pamphlet. 

Fire-proof  elevator  walls  — 

Inside  walls  or  casings  of  passenger  elevators  to  be  of 
fireproof  material . Sec.  2,  Cli.  319,  L.  ’OL  24 

Watchman  — 

If  structure  has  100  rooms  or  more,  at  least  one  watchman 
shall  be  on  duty  from  10  P.  M.  to  5  A.  M.  each  night 
when  occupied .  24 

Printed  statement  regarding  fire  escapes  —  red  lights  — 

There  shall  be  posted  in  every  room  a  legibly  printed 
statement  of  means  of  safety  and  escape  from  fire  and 
a  red  light  kept  burning  at  head  of  each  stairway,  also 
at  or  near  exit  to  fire  escape . Sec.  3,  Ch.  319,  L.  ’01  24 

Rope  from  room  to  ground- 
in  every  room  fronting  street,  alley  or  vacant  ground 
above  first  floor  there  shall  be  kept  in  plain  sight,  se¬ 
curely  attached  therein,  a  hemp  rope  at  least  114  in.  in 
diameter,  long  enough  to  reach  to  the  ground  and 
strong  enough  to  sustain  500  lbs. ,  but  buildings  pro¬ 
vided  with  adequate  escapes  approved  by  the  factory 
inspectors  are  exempt  torn  such  requirement. 

Ch.  173,  L.  ’01  27 

Doors  to  swing  out  — 

Every  hotel,  etc.,  must  be  provided  with  outer  doors 
that  swing  outward,  and  when  storm  doors  are  used 
they  shall  have  at  least  4  ft.  from  floor,  a  glass  15  in. 
sq.  or  larger,  “  unless  factory  inspectors  deem  it  other¬ 
wise  ” . Sec.  4390,  amended  by  Ch.  380,  L.  ’01  27 

Bureau  officers’  duty  — 

Bureau  officers  shall  enforce  the  provisions  of  this  act. 

Upon  obtaining  knowledge  that  any  person  has  not 
complied  with  the  law,  shall  file  written  statement  with 
Dist.  Att’y  who  shall  prosecute.  ..Sec.  4,  Ch.  349,  L.  ’01  24 

May  examine  hotels,  lodging  and  boarding  houses  to  see 
if  properly  equipped  with  fire  escapes.  May  post  laws 
therein  relating  thereto . Sec.  102 lg  13 


May  order  elevator  wells  enclosed  or  guarded .  14 

May  condemn  unsafe  elevators Sec.  1021h— 1636j .  29 


When  they  shall  give  written  notice  to  Dist.  Att’y  that 
laws  are  violated,  said  Dist.  Att’y  shall  at  once  insti¬ 
tute  procedings,  and  if  he  neglects  or  refuses  to  do  so 
Bureau  officers  may  file  charges  and  demand  his  re¬ 
moval . Sec.  10211  16 

Employees  — 

No  child  under  16  to  have  the  care  of  or  operate  any  ele¬ 
vator  . . .  19 

No  person  under  16  shall  work  for  wages  at  any  gainful  oc¬ 
cupation  more  than  10  hrs.  daily  or  six  days  weekly, 
nor  after  9  P.  M.  or  before  6  A.  M. 

Ch.  182,  L.  ’01,  amending  Ch.  274,  D.  ’99  19 

Penalties  — 

Persons  failing  to  comply  with  requirements  of  this  act 
within  ninety  days  after  written  notice  to  be  punished 
according  to  law . Sec.  4.  Ch.  349,  L.  ’01  25 

For  removing  or  mutilating  laws  or  statements  posted  in 
hotels  by  factory  inspectors,  fine  $50  for  each  offense. 

Sec.  1021g  13 

Owner,  tenant  or  person  in  charge  who  fails  or  neglects, 
after  written  notice,  to  complv  with  any  provision  re¬ 
lating  to  protection  fr >m  fire,  fine  not  over  $l,00(>  or  im¬ 
prisonment  not  over  90  days  . Sec.  5,  Ch.  349,  L.  ’01  25 


-88- 


Page  of 

Penalties — Con.  pamphlet. 

Owner,  tenant,  cori>oration  or  person  in  charge  who  fails 
to  provide  fire  escapes,  and  for  outer  doors  to  swing 
outwardly,  or  any  architect  who  has  prepared  plaus  in 
conflict  with  law,  fine  not  less  than  $000  or  imprisonment 

not  over  90  days . Sec.  4390,  amended  bv  Ch  380,  L.  ’01  28 

Employers  who  violate  child  labor  law,  subject  to  fine  $10 

to  $100  for  each  offense . k .  20 

Parent  or  guardian,  fine  $5  to  $25. 

Sec.  9 and  10,  Ch.  182,  L.  ’01  21 

Any  person  in  charge  of  such  hotel,  etc.,  who  violates  this 
act  shall  be  fined  from  $25  to  $100  or  imprisoned  not 
over  90  days  o”  both . Sec.  3,  Ch.  173,  L.  ’01  27 


MERCANTILE  ESTABLISHMENTS. 


Requirements  — 

Factory  inspectors  may  enter  to  obtain  facts,  etc. ;  to  ex¬ 
amine  provisions  made  for  health  and  safety.. Sec.  102 1  f .  12 

Inside  walls  of  passenger  elevators  shall  be  of  fire  proof 

material  . Sec.  2.  Ch.  349,  L.  ’01.  24 

Elevator  wells  and  dangerous  machinery  to  be  guarded; 
elevators  may  be  condemned  if  defective. 

Sec.  1021h  and  1636j.  14 

When  Bureau  officers  give  written  notice  that  laws  are  29 
violated  to  Dist.  Att’y.  he  should  at  once  institute  pro-  30 
ceedings,  and  if  he  refuses  or  neglects  to  do  so  Bureau 
officers  may  file  charges  and  demand  his  removal. 

Sec.  10211.  16 

Buildings  of  three  or  more  stories  where  25  or  more  persons 
work  shall  have  fire  proof  ladders  or  stairs  and  connected 
therewith  iron  balconies  and  stand  pipes  all  as  herein 

fully  specified . 

Outer  doors  to  swing  outward. 

Sec.  4390a  and  Ch.  380,  L.  ’01,  amending  Sec.  4390.  25 

Any  place  of  public  resort  or  store  building  over  2  stories 
high  shall  have  fire  proof  ladders  or  stairs,  wrought-iron 
platforms,  hose  connections,  etc.,  etc.,  as  herein  pro 

vided  . Sec.  1,  Ch.  349,  L.  ’01.  22 

Children  under  14  not  to  be  employed  except  during  vaca¬ 
tion  of  public  schools. 

Sec.  1,  Ch.  1&2,  L.  ’01,  amending  Ch.  274,  L.  ’99.  17 

Except  a  permit  is  obtained  which  is  provided  for  in  cer¬ 
tain  cases . ..Sec.  6,  Ch  162,  L.  ’01.  19 

A  register  to  be  kept,  on  premises  in  which  shad  be  the 
name,  aee,  date  of  birth  and  residence  of  every  child  un¬ 
der  14  at  work . . .  18 

Employees  under  16  must  not  work  unless  there  is  on  file 

an  affidavit  as  herein  provided  . . .  18 

This  register  and  affidavit  must  on  demand  of  inspector  be 

produced  for  inspection . Sec.  2,  Ch.  182,  L.  ’01.  18 

Employees  under  16  not  to  work  over  10  hours  daily  nor 
more  than  6  days  per  week  nor  after  9  P.  M.  or  before  6 
A.  M.  nor  have  charge  of  any  elevator. 

Sec.  3  and  7,  Ch.  274,  L.  ’99.  19 

No  minor  shall  work  who  cannot  on  demand  obtain  a  phy¬ 
sician’s  certificate  of  physical  fitness  for  the  work. 

Sec.  5,  Ch.  274,  L.  ’99. 


19 


—89— 


Page  of 

Requirements— Con.  pamphlet. 

No  work  shall  be  contracted  for  or  given  out  to  any  per¬ 
sons  to  make  goods  in  places  contrary  to  provisions  of 
this  act,  and  goods  not  made  under  the  sanitary  condi¬ 
tions  inquired  by  this  act  must  not  be  handled,  bought, 

sold  or  stored  . „ . Sec.  1,  Ch.  239,  L.  ’01.  39 

A  register  written  in  English  shall  be  kept  of  all  persons 
to  whom  material  for  garments,  etc.,  is  given  out  or  con¬ 
tracted  to  be  made,  repaired  or  finished,  which  shall  be 
open  to  inspection  of  Bureau  officers  and  a  copy  thereof 

shall  be  furnished  if  required . Sec.  4,  Ch.  239,  L.  ’01.  43 

Seats  shall  be  provided  for  female  employees  and  their  use 

permitted  as  herein  provided . Sec.  1,  Ch.  77,  L.  ’99.  29 

In  any  manufacturing  department  the  time  of  labor  of 
women  shall  not  exceed  8  hours  in  any  one  day.. Sec.  1728  16 

Penalties  — 

For  failing,  after  three  months  notice,  to  provide  means 
of  fire  escape  and  protection  as  herein  provided,  fine  not 

to  exceed  $100 . Sec.  4390a.  26 

For  failing  or  neglecting  to  provide  fire  protection  as 
herein  required,  fine  not  over  $1,000  or  imprisonment  not 

over  90  days . Sec.  5,  Ch.  349,  L.  ’01.  25 

Any  employer,  agent  or  manager  violating  this  (child  labor) 
law  or  hindering  or  delaying  Bureau  "officers  subject  to 

fine  from  $10  to  $100  each  offense  . .  20 

Any  parent  or  guardian  permitting  a  child  to  work  con¬ 
trary  to  this  act  subject  to  fine  from  $7  to  $25. 

Sec.  9  and  10.  Ch.  274,  L.  ’99.  21 

For  violating  this  (so-called  Sweat  Shop)  law,  fine  from 
$20  to  $100  for  each  offense  or  imprisonment  from  20  to  60 

days,  or  both . Sec.  7,  Ch.  239,  L.  ’01.  45 

For  violating  this  act  requiring  seats  for  female  employees, 
fine  $10  to  $30,  each  offense . Sec  2,  Ch.  77,  L.  ’99.  29 


OPERA  HOUSES,  HALL,  SCHOOLS,  CHURCHES, 
OFFICE,  STORAGE  AND  OTHER  PUBLIC 
BUILDINGS. 


Requirements  — 

Buildings  which  must  have  fire  escapes  — 

Buildings  over  two  story  high  and  containing  above 
grouud  floor  offices,  assembly  hall,  place  of  amusement, 

etc . ' .  .  22 

Fire  escapes  —  number,  location,  character  — 

Such  buildings  shall  have  one  or  more  outside  fire-proof 
stairs  or  ladders  in  number  as  and  located  as  desig¬ 
nated  by  Bureau  or  municipal  fire  officers .  22 

Platforms  — 

Such  escapes  shall  connect  the  cornice  with  the  top  of 
first  story  by  wrought  iron  platform  ample  to  serve  at 
least  two  windows  of  each  story.  Platforms  to  be  con¬ 
venient,  commodious  and  strong .  22 


-90- 


Page  of 

Requirements— Con.  pamphlet. 

Stand  pipe’liose  valves  — 

There  shall  be  attached  to  such  ladders  or  stairs  a 
wrought  iron  stand  pipe  extending  from  3  ft.  above 
roof  to  5  ft.  of  ground.  A  2J4  in.  angle  hose  valve  with 
male  connection  shall  be  attached  thereto  at  each 
story  above  first,  and  on  roof,  and  a  double  female  hose 
connection  at  base  of  pipe  with  threads  conforming 
to  size  and  pattern  used  by  local  fire  department. 

Sec.  1,  Ch.  349,  L.  ’01  22 

Fire-proof  elevator  walls  — 

Inside  walls  or  casings  of  passenger  elevators  to  be  of 
fire-proof  material  . Sec.  2,  Ch.  349,  L.  ’01  24 

Doors  to  swing  out  — 

Every  such  building  must  be  provided  with  outer  doors 
that  swing  outward,  and  when  storm  doors  are  used 
they  shall  have  at  least  4  ft.  from  floor  a  glass  15  in.  sq. 
or  larger,  ‘unless  factory  inspector  deem  it  other¬ 
wise” . Sec.  4390,  amended  by  Ch.  380,  L.  ’01  27 

Bureau  officers  — 

Duty  - 

Shall  enforce  the  provisions  of  this  act.  Upon  obtain¬ 
ing  knowledge  that  any  person  has  not  complied 
witn  the  law.  shall  file  written  statement  with  Dist. 

Atty.  who  shall  prosecute . Sec.  4,  Ch.  349,  L.  ’01  24 

May  order  elevator  wells  enclosed  or  guarded. 

Sec.  1021h  14 

May  condemn  unsafe  elevators . Sec.  1636j  29 

When  they  shall  give  written  notice  to  Dist.  Atty.  that 
laws  are  violated,  said  Dist.  Atty.  shall  at  once  insti¬ 
tute  proceedings  and  if  he  refuses  or  neglects  to  do 
so,  Bureau  officers  may  file  charges  and  demand  his 
removal . Sec.  10211  16 

Employers  — 

No  child  under  16  to  have  the  care  of  or  operate  any  eleva¬ 
tor  .  19 

No  child  under  16  shall  work  for  wages  at  any  gainful  oc¬ 
cupation  more  than  10  hours  daily,  or  6  days  weekly,  nor 
after  9  P.  M.  or  before  6  A  M. 

Ch.  182,  L.  ’01,  Amending  Ch.  274.  L.  ’99  19 

No  child  shall  be  employed  at  any  time  in  any  bowling  al¬ 
ley,  bar-room  or  beer  garden . Ch.  182,  L.  ’01  17 

Penalties  — 

Persons  failing  to  comply  with  this  act  within  90  days  af¬ 
ter  notice,  to  be  punished  according  to  law. 

Sec.  4,  Ch.  349,  L.  ’01  24 

Owner  or  person  in  charge  who  fails  or  neglects  after  writ¬ 
ten  notice  to  comply  with  any  provision  relating  to  pro¬ 
tection  from  fire,  fine  not  over  $1,000  or  imprisonment 
not  over  90  days .  . Sec.  5,  Ch.  349,  L. ’01  25 

Owner,  person  in  charge,  or  corporation,  who  Tails  to  pro¬ 
vide  fire  escape,  and  for  outer  doors  to  swing  outward, 
or  any  architect  who  has  prepared  plans  in  conflict  with 
law,  subject  to  fine  of  not  more  than  $500  or  imprisonment 
not  over  90  days _  Sec.  4390,  amended  by  Ch.  38U,  E.  ’01  28 

Employers  who  violate  child  labor  law,  subject  to  fine  $10 
to  $100  for  each  offense . .  20 

Parent  or  guardian,  fine  $5  to  $25. 

Secs.  9  and  10,  Ch.  182,  L.  ’01  21 


V 


FREE  EMPLOYMENT  OFFICES. 


Ch.  420,  L.  ’01. 

Page  of 
pamphlet. 

1.  Free  employment  offices  to  be  established  in  —  - 

Places  having  thirty  thousand  or  over,  according  to  last 

state  or  national  census .  50 

2.  Purpose  — 

To  receive  applications  of  those  seeking  employment  and 
those  seeking  to  help .  50 

S  uperintendent  — 

(One  for  each  office  created  by  section  1  to  devote  entire 
time  to  duties  . .  50 

Appointment  — 

Governor  appoints  upon  recommendation  of  com’r .  50 

Term —  « 

Tenure  of  office  —  Two  years .  50 

Scilciry _ 

$1, 200  per  annum . >. .  50 

Duties  — 

Shall  receive  and  record  applications,  names,  addresses, 

character  of  work  desired,  etc .  .  51 

Shall  keep  separate  registers,  showing  age,  sex,  nativ¬ 
ity,  cause  and  duration  of  non-employment,  trade  or 
occupation,  married  or  single,  dependent  children,  if 
any,  and  such  other  facts  as  the  Bureau  may  require..  52 
Shall  immediately  communicate,1  with  principal  manu¬ 
facturers  and  co-operate  with  employers .  53 

Shall  make  annual  report  of  work  done  with  statement 
of  expenses  to  com’r  in  December,  for  year  ending  Oc¬ 
tober  1st .  53 

Shall  report  to  the  com’r  on  Thursday  of  each  week  the 
number  of  applicants  received ;  the  unfilled  applica¬ 
tions  at  the  beginning  of  the  week . .  52 

Such  lists  shall  not  contain  names  or  addresses  of  appli¬ 
cants;  but  the  situations  desired  and  number  of  per¬ 
sons  wanted  at  each  occupation . 52 

Shall  report  number  and  character  of  positions  secured 

during  preceding  week . 52 

Shall  perform  such  other  duties  in  collection  of  statis¬ 
tics  as  com’r  may  require . . .  54 

Shall  not  receive  nor  charge  a  fee  or  compensation  from 
any  applicant  —  Penalty .  54 

Removal  of  — 

If  not  duly  diligent  in  performance  of  his  duties  he  may  be 
summoned  before  com’r  to  show  cause  why  he  should 
not  be  recommended  for  removal .  55 

Removal,  causes  of  — 


Lack  of  intelligent  interest  in  work  or  general  inaptitude 
/  or  inefficiency .  55 

Proviso  — 

Special  register  not  to  be  open  to  public .  52 


-92- 


Removal,  causes  of— Con.  Page  of 

Proviso— Con.—  pamphlet. 

The  coin’r  shall  make  no  statistical  publication  which 

would  reveal  the  identity  of  applicants . . .  52 

If  applicant  declines  to  answer  any  special  register  ques¬ 
tion  he  shall  not  forfeit  right  to  employment .  52 

Applicants  not  to  receive  help  or  benefit  of  the  office  who 

are  on  a  strike  or  lock-out . 51 

No  lists  of  vacancies  shall  be  exposed,  where  they  can  be 
copied  by  such  persons .  54 


Commissioner  — 

Duties  — 

Upon  receipt  of  lists,  not  later  than  Saturday  of  each 
week,  shall  print  a  sheet  showing  separately  and  in 
combination  the  lists  received  from  all  employment 

offices .  53  j 

Shall  mail  on  each  Saturday  two  of  such  sheets  to  each 
superintendent,  one  to  be  filed  by  him  the  other  to  be 

posted  .  53 

Shall  mail  to  factory  inspectors  a  copy  of  such  sheet  ....  53 

Shall  publish  annual  report  of  superintendent . 63 

Factory  inspectors  — 

Duty  —  • 

To  assist  in  securing  situations  for  applicants . ; .  53 

Secure  co-operation  of  employers  of  labor  in  factories. ..  53 

Notify  superintendent  of  vacancies  or  opportunities  of 
omployment  which  may  come  to  their  notice .  53 

Offices  — 

Shall  be  opened  within  60  days  after  appointment  of  su¬ 
perintendent  in  such  locality  as  superintendent  and  com¬ 
missioner  may  deem  best .  51 

Cost  of  equipping  and  maintaining  offices  to  be  paid  out 

of  treasury .  51 

Rent  not  to  exceed  five  hundred  dollars .  51 

Offices  to  be  occupied  in  conjunction  with  offices  of  Bureau, 

if  such  office  is  in  such  city .  51 

If  not,  cities  to  furnish  and  equip  office  without  expense 

to  the  state .  51 

Separate  rooms  are  to  be  provided  for  women .  51 

Signs ,  wording  of — 

“  Wisconsin  Free  Employment  Office  ” .  51 

Private  employment  agency  — 

Not  to  open  office  where  free  employment  office  is  estab¬ 
lished  except  a  license  is  procured  from  secretary  of 

state . . .  _  _  51 

Shall  not  print,  publish  or  paint  any  sis'll,  window  or 
newspaper  publication  a  name  similar  to  Wisconsin  Free 
Employment  agencj —  Penalty . 51 

Applicant ,  construction  of  — 

“Applicant  for  employment  ”  is  construed  to  mean  any  per¬ 
son  seeking  work  of  any  lawful  character  .  54 

“  Applicant  for  help  ”—  any  person  seeking  help  in  any 

legitimate  enterprise .  54 

“  Work  ”  applies  to  manual  occupation  not  to  include  pro¬ 
fessional  service .  55 


Stationer y  — 

Printing,  blanks,  blank  books,  stationery  and  postage, 
such  as  may  be  necessary  for  offices,  shall  ce  furnished 
by  secretary  of  state  upon  requisition  for  the  same  made 
by  com’r . .  56 


UNIVERSITY  OF  ILLINOIS  —  URBANA 


*  1 


4. 


I 

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